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Articles 1 - 13 of 13
Full-Text Articles in Law
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
Towards A Strengthening Of Non-Interference, Sovereignty, And Human Rights From Foreign Cyber Meddling In Democratic Electoral Processes, Francesco Seatzu, Nicolás Carrillo-Santarelli
Towards A Strengthening Of Non-Interference, Sovereignty, And Human Rights From Foreign Cyber Meddling In Democratic Electoral Processes, Francesco Seatzu, Nicolás Carrillo-Santarelli
Brooklyn Journal of International Law
States have resorted to meddling in the elections of their counterparts throughout history. Recently, though, there has been an exponential increased in the use of the possibilities provided by technology. Attention to this phenomenon has deservedly grown quickly and exponentially. This has led to debates focusing on the adequacy of international legal rules and general principles to respond to foreign cyber election interference. In many of these debates some have expressed doubts and skepticism about the adequacy of current international law to confront foreign election interference through cyber means. There have also been disagreements about the applicable standards to fight …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
How Single-Candidate Super Pacs Changed The Game And How To Change It Back: Adopting A Presumption Of Coordination And Fixing The Fec’S Gridlock, Sarah E. Adams
How Single-Candidate Super Pacs Changed The Game And How To Change It Back: Adopting A Presumption Of Coordination And Fixing The Fec’S Gridlock, Sarah E. Adams
Brooklyn Law Review
A series of Supreme Court decisions chipping away at campaign finance regulations, particularly the regulation of expenditure-only groups, has resulted in a proliferation of single-candidate Super PACs. While purportedly independent of the candidate, in reality, single-candidate Super PACs operate as an extension of the candidate’s own campaign team. This note argues that single-candidate Super PACs, now operating as fundamental extensions of candidates’ campaigns, pose quid pro quo corruption risks by acting as surrogates for donors who have maxed out on contributions made directly to a candidate. This note will prove that curbing the proliferation of candidate Super PAC coordination, and …
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku
Brooklyn Journal of International Law
In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the …
The Legal History Of State Legislative Vacancies And Temporary Appointments, Tyler Yeargain
The Legal History Of State Legislative Vacancies And Temporary Appointments, Tyler Yeargain
Journal of Law and Policy
We love paying attention to special elections. They operate as catharsis for opposition parties and activists, easily serve as proxies for how well the governing party is doing, and are ripe for over-extrapolation by prognosticators. But in thirty states and territories throughout the United States, state legislative vacancies are filled by a combination of special elections and temporary appointments. These appointment systems are rarely studied or discussed in academic literature but have a fascinating legal history that dates back to pre-Revolutionary America. They have substantially changed in the last four centuries, transitioning from a system that, like the Electoral College, …
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 …
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 …
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Journal of Law and Policy
This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …
Money And Speech: Practical Perspectives, Nicholas W. Allard
Money And Speech: Practical Perspectives, Nicholas W. Allard
Journal of Law and Policy
Dean Allard provides a practical perspective on the topic of money, politics and free speech based on his over three decades worth of experience in lobbying, campaigns and public policy. Commentary also includes opinions as to the state of politics in America and the problems with reforming campaign finance law.
A Landmark Decision Turns Forty: A Conversation On Buckley V. Valeo, Ira Glasser, Nicholas W. Allard, James L. Buckley
A Landmark Decision Turns Forty: A Conversation On Buckley V. Valeo, Ira Glasser, Nicholas W. Allard, James L. Buckley
Journal of Law and Policy
James Buckley gives a behind the scenes description as to why he thought the Campaign Reform Act of 1974 was suspect, how the case effected his career and how the holding of the Supreme Court has since effected campaign finance law. Remarks first given regarding the Buckley V. Valeo Panel where Dean Nichola`s Allard provided commentary. Included in this commentary, Mr. Glasser explains that similar to other problems that have plagued the United States, campaign finance is a unique issue that requires not only an analysis of what the problem is, but also whether the proposed remedy will solve the …
Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole
Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole
Brooklyn Law Review
Both Citizens United and Hobby Lobby are notable for the Roberts Court’s personification of the corporation. In Citizens United, the United States Supreme Court expanded corporate speech rights in a political context; in Hobby Lobby, it accorded religious rights to corporations in an unprecedented manner. This article explains how the Court’s expansion of corporate personification has ignored both traditional corporate law doctrine regarding shareholder primacy and the fundamental distinction in corporate law between the corporate entity and the shareholders who control it.
The article takes a communitarian approach to corporate law analysis, recognizing that corporations play useful roles …