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Articles 1 - 14 of 14
Full-Text Articles in Law
Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley
Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley
Washington and Lee Law Review
Over the past century, two global pandemics have struck during American elections—the Spanish Flu of 1918 and COVID-19 in 2020. The legal system’s responses to those pandemics, occurring against distinct constitutional backdrops concerning voting rights, differed dramatically from each other. These pandemics highlight the need for states to address the impact of election emergencies, including public health crises, on the electoral process. States should adopt election emergency laws that both empower election officials to modify an election’s rules as necessary to respond to such disasters and set forth “redlines” to identify certain policies that, even in a disaster, are too …
Fighting A New Wave Of Voter Suppression: Securing College Students’ Right To Vote Through The Twenty-Sixth Amendment’S Enforcement Clause, Ryan D'Ercole
Washington and Lee Law Review
Throughout the 1960s, young people protested for racial and LGBTQ+ equality, women’s rights, and an end to the Vietnam war. In the process, they earned the most fundamental right— the right to vote.
Fifty years ago, in the summer of 1971, the Twenty-Sixth Amendment was ratified. In addition to lowering the voting age to eighteen, the Twenty-Sixth Amendment prescribed that the right to vote “shall not be denied or abridged by the United States or by any State on account of age.” But in the fifty years since ratification, states have continued to enact laws that abridge the right to …
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven J. Cleveland
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven J. Cleveland
Washington and Lee Law Review
In the 2019 decision Rucho v. Common Cause, the U.S. Supreme Court concluded that federal challenges to partisan gerrymandering—a practice yielding election results that “reasonably seem unjust”—were non-justiciable. If partisan gerrymandering claims are not federally justiciable, and if that conclusion emboldens politicians, how else might incumbents manipulate election mechanics to preserve their political advantage? This Article explores one possibility that was briefly mentioned by the Rucho majority: the strategic advancement or delay of the date of a federal election. The strategic shift of election day is not simply a theoretical problem. Foreign politicians have strategically altered their election days …
Defending Democracy: Taking Stock Of The Global Fight Against Digital Repression, Disinformation, And Election Insecurity, Scott J. Shackelford, Angie Raymond, Abbey Stemler, Cyanne Loyle
Defending Democracy: Taking Stock Of The Global Fight Against Digital Repression, Disinformation, And Election Insecurity, Scott J. Shackelford, Angie Raymond, Abbey Stemler, Cyanne Loyle
Washington and Lee Law Review
Amidst the regular drumbeat of reports about Russian attempts to undermine U.S. democratic institutions from Twitter bots to cyber-attacks on Congressional candidates, it is easy to forget that the problem of election security is not isolated to the United States and extends far beyond safeguarding insecure voting machines. Consider Australia, which has long been grappling with repeated Chinese attempts to interfere with its political system. Yet Australia has taken a distinct approach in how it has sought to protect its democratic institutions, including reclassifying its political parties as “critical infrastructure,” a step that the U.S. government has yet to take …
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio
Washington and Lee Law Review
In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts. However, the Supreme Court did not address an insidious consequence of this ruling: namely, that map-drawers may use partisan rationales to obscure what is otherwise an unconstitutional racial gerrymander. This Note uses North Carolina as an example of a state with a long history of …
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Washington and Lee Law Review
No abstract provided.
The Real Error In Citizens United, Joanna M. Meyer
The Real Error In Citizens United, Joanna M. Meyer
Washington and Lee Law Review
No abstract provided.
Double Test For Infamous Crimes
Legislative Reapportionment And Congressional Redistricting In Virginia, Ralph Eisenberg
Legislative Reapportionment And Congressional Redistricting In Virginia, Ralph Eisenberg
Washington and Lee Law Review
No abstract provided.
Removal Of Names From Virginia Voter Registration Rolls
Removal Of Names From Virginia Voter Registration Rolls
Washington and Lee Law Review
No abstract provided.
Effect Of Hold Over Provisions On Vacancies In Office
Effect Of Hold Over Provisions On Vacancies In Office
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Application Of Political Question Doctrine In Suit To Enjoin Discriminatory State Election Procedure [South V. Peters, U. S. Sup. Ct. 1950]
Washington and Lee Law Review
No abstract provided.
The Virginia Absent Voters System
Labor Law-Scope Of Statutory Prohibition Against Expenditure By Labor Unions In Connection With Federal Elections [United States V. Painters Local Union No. 481, C. A. 2d, 1949].
Washington and Lee Law Review
No abstract provided.