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Articles 1 - 30 of 55
Full-Text Articles in Law
Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour
Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour
University of Richmond Law Review
No abstract provided.
Selecting The President: A Bad Idea Out There In California, Robert W. Bennett
Selecting The President: A Bad Idea Out There In California, Robert W. Bennett
NULR Online
No abstract provided.
Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Race And Class In The 21st Century Through The Lens Of Hurricane Katrina: Introduction, Dorothy A. Brown
Race And Class In The 21st Century Through The Lens Of Hurricane Katrina: Introduction, Dorothy A. Brown
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley
Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Documentation Assessment Of The Diebold Voting System, S. Candice Hoke, Dave Kettyle
Documentation Assessment Of The Diebold Voting System, S. Candice Hoke, Dave Kettyle
Law Faculty Reports and Comments
The California Secretary of State commissioned a comprehensive, independent evaluation of the electronic voting systems certified for use within the State. This team, working as part of the “Top to Bottom” Review (“TTBR”), evaluated the documentation supplied by Diebold Election System, Inc.
The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak
The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak
University of Arkansas at Little Rock Law Review
No abstract provided.
Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith
University of Arkansas at Little Rock Law Review
No abstract provided.
Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer
Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer
University of Arkansas at Little Rock Law Review
No abstract provided.
Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger
University of Arkansas at Little Rock Law Review
No abstract provided.
Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch
Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton
Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton
University of Arkansas at Little Rock Law Review
No abstract provided.
An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young
An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Osgoode Hall Law Journal
The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara Galvan
Wrestling With Muds To Pin Down The Truth About Special Districts, Sara Galvan
Sara C. Bronin
Federal, state, and local governments encourage and empower special districts—board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor the special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over …
Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar
Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar
University of Michigan Journal of Law Reform
Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note …
Politics As Usual: The Continuing Debate Over Partisan Gerrymandering Schemes In League Of United Latin American Citizens V. Perry, Steve Flynn
Mercer Law Review
In League of United Latin American Citizens v. Perry, the Supreme Court held that a statewide challenge to the Texas State Legislature's mid-term redistricting plan did not violate Section Two of the Voting Rights Act of 1965, but that the redrawing of district lines in one particular district (District 23) did violate the Act. The case leaves open the ability of the Supreme Court to adjudicate political gerrymandering schemes in cases where equal protection claims are made.
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Mercer Law Review
When a corporation participates in the public sphere, its participation often takes the form of money. Corporate money must be given to someone to bring corporate participation into being-money to spend on public relations, advertising, or lobbying, or money to spend in a political campaign. Though the form is the same, the Supreme Court has treated these modes of corporate participation very differently. On the one hand, corporate money is seen as speech when it is the means used for corporations to sell products or state positions on issues. On the other, a majority of the Rehnquist-O'Connor Court perceived corporate …
Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee
Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee
Law Faculty Reports and Comments
We hope that this Audit Report will assist the Ohio Secretary of State, all Ohio local Boards of Election, election reform organizations, and other election officials nationwide in seeing how an independent audit process can be created and function at the local level. Additionally, we hope the public will recognize that this Report contains the kind of information that all election administrative agencies need to better achieve the public charge for producing accurate election results and to facilitate sound improvements in election administrative practices.
Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson
Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson
Campbell Law Review
This article returns to the debate over a proper test by collecting relevant ads and test proposals in an Appendix and using these as tools to analyze a test derived from a grassroots lobbying ad (hereinafter the "PBA Ad") that was recognized as a genuine issue ad by defense expert Goldstein in McConnell. Parts I through III provide the context for Part IV, which derives and analyzes a test from the PBA Ad. Part I provides a brief overview of the legislative, rulemaking, and constitutional context. Part II demonstrates that McConnell only decided a facial challenge, leaving as-applied challenges for …
A Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, And Coretta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, David H. Harris, Trish Hardy
A Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, And Coretta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, David H. Harris, Trish Hardy
North Carolina Central Law Review
No abstract provided.
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner
Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner
Buffalo Law Review
Perhaps the one completely uncontested truth in the shared public ideology of American politics is that an election campaign ought to be a serious occasion in the life of a democratic polity, a time when citizens reflect maturely on the great public issues of the day. On this view, the ultimate purpose of election campaigns is to offer voters and candidates a meaningful opportunity for deliberation and persuasion. Of course, the typical modern American election campaign does not seem seriously reflective and deliberative so much as shallow and unengaging. Reasoned persuasion seems to play a minor role, if that. The …
A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben
A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben
University of the District of Columbia Law Review
No abstract provided.
Testimony Before The U.S. House Of Representatives, Elections Subcommittee Of The House Administration Committee, Concerning The Importance Of Independent Post-Election Auditing And Reviewing Impediments To Election Auditing And Greater Transparency., Candice Hoke
Law Faculty Presentations and Testimony
Mandatory election audits are a critical step for restoring public confidence in the electoral system and for learning what problems exist (in equipment, systems, and personnel) so that they might be effectively corrected. Unfortunately, the promise of auditing will be severely undermined if the federal auditing entity lacks independence from the election administrative authority. Secretaries of State can play a number of crucial additional roles that will facilitate efficient and effective election audits, but because of the appearance of conflicts of interest should not be supervising and conducting federal audits. The federal audit effort will be greatly enhanced if the …
The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins
The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins
BYU Law Review
No abstract provided.
Voter Identification, Spencer Overton
Voter Identification, Spencer Overton
Michigan Law Review
In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) "common sense" arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a photo-identification …
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
Michigan Journal of Race and Law
The Voting Rights Act of 1965 (VRA) is one of the most successful civil rights laws ever enacted. Following its passage, the promise of the Fifteenth Amendment has become a reality for millions of Americans. Black voters in the South register to vote without being subjected to discriminatory tests or devices. Minority citizens can cast ballots free of intimidation and violence. Barriers posed by English-only elections have been removed for many language minority voters. Voters are permitted to receive assistance from the person of their choice. Federal observers play an indispensable role in serving as the eyes and ears of …
The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch
The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Faculty Publications
Massachusetts initiatives and referendums, based upon a lengthy and complicated constitutional amendment, present legal and historical researchers with a number of questions and issues to resolve. This review of the resources on initiatives and referendums attempts to provide guidance for these researchers, while provoking critical thinking about issues past, present, and future.