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Articles 1 - 30 of 33
Full-Text Articles in Law
Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas
Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas
Journal of the National Association of Administrative Law Judiciary
This article argues that the Court needs to clarify the distinction between the state and federal government’s roles in federal elections to avoid chaos and unconstitutional overreach. As a part of this clarification, the Court should also clarify how information is deemed “necessary.” This article looks specifically at one potential consideration: public fears regarding election security. Data and logic indicate that such fears should not be a consideration in the necessity determination as they are unreliable. Section II examines the background of the Election Assistance Commission, the applicable law, as well as criticism and support the agency has received since …
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Pepperdine Law Review
This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
Journal of the National Association of Administrative Law Judiciary
This comment examines the threat of partisan gerrymandering, voter suppression, and election subversion in American elections. Specifically, this comment details the development of federal voting legislation and acknowledges the limits of the executive branch to implement voter equity within constitutional structure. Consequently, this comment argues that grassroots activism combined with executive enforcement of current federal law through the Department of Justice is the most viable solution to strengthen civic engagement and uphold democratic principles.
A Defense Of The Electoral College In The Age Of Trump, John Yoo
A Defense Of The Electoral College In The Age Of Trump, John Yoo
Pepperdine Law Review
In the aftermath of the 2016 U.S. Presidential Election, where Donald J. Trump lost the popular vote by nearly 3 million votes but still secured victory in the Electoral College, renewed efforts to delegitimize or abolish the Electoral College system have surfaced. Critics, calling for a direct national vote for President, attacked the legitimacy of the election and decried the Constitution’s method of presidential selection as antiquated and undemocratic. Some legal scholars even suggested that the Electoral College must be abolished to disentangle it from America’s racist past and history of slavery. Recently, though, reformers in several States have banded …
Our Campaign Finance Nationalism, Eugene D. Mazo
Our Campaign Finance Nationalism, Eugene D. Mazo
Pepperdine Law Review
Campaign finance is the one area of election law that is most difficult to square with federalism. While voting has a strong federalism component—elections are run by the states and our elected officials represent concrete geographical districts—our campaign finance system, which is rooted in the First Amendment, almost entirely sidesteps the boundaries of American federalism. In so doing, our campaign finance system creates a tenuous connection between a lawmaker’s constituents, or the people who elect him, and the contributors who provide the majority of his campaign cash. The recent explosion of outside spending in American elections by wealthy individuals and …
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Pepperdine Law Review
The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force …
The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra
The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra
Pepperdine Dispute Resolution Law Journal
This article looks at the positive effects that ADR can have in resolving election law disputes before, during, and after elections. First, this article will focus on the significance of implementing ADR processes in resolving election law disputes. Next, this article will explain the background and impact that election law disputes have on voters, candidates, and the election process as a whole. This article will then explore why ADR processes should be implemented as opposed to using litigation to resolve election law disputes. After, this article will explain a proposed solution to resolving election law disputes through mediation or arbitration …
Considering The Gerrymander , Leroy C. Hardy
Considering The Gerrymander , Leroy C. Hardy
Pepperdine Law Review
No abstract provided.
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh
Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Citizens United: A World Of Full Disclosure, Maxfield Marquardt
Citizens United: A World Of Full Disclosure, Maxfield Marquardt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green
Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green
Pepperdine Law Review
No abstract provided.
General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw
General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw
Pepperdine Law Review
No abstract provided.
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Pepperdine Law Review
Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.
Special Interest Money: A Threat To Democratic Government, David L. Boren
Special Interest Money: A Threat To Democratic Government, David L. Boren
Pepperdine Law Review
No abstract provided.
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
Pepperdine Law Review
No abstract provided.
Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson
Pepperdine Law Review
No abstract provided.
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Pepperdine Law Review
No abstract provided.
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale
Pepperdine Law Review
No abstract provided.
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
Pepperdine Law Review
No abstract provided.
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Pepperdine Dispute Resolution Law Journal
The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
Pepperdine Law Review
No abstract provided.
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Pepperdine Law Review
No abstract provided.
The Political Process, Elizabeth Garrett
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Pepperdine Law Review
No abstract provided.
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Pepperdine Law Review
No abstract provided.
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Pepperdine Law Review
No abstract provided.