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Articles 1 - 23 of 23
Full-Text Articles in Law
The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore
The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore
BYU Law Review
No abstract provided.
Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger
Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger
William & Mary Law Review
No abstract provided.
A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch
A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch
University of Michigan Journal of Law Reform
The Supreme Court unanimously agrees that excessive partisan gerrymandering is unconstitutional. A plurality of the Court, however, would hold partisan gerrymandering claims to be nonjusticiable due to the lack of a judicially manageable standard. This Note synthesizes the opinions of a majority of the Court in Vieth v. Jubelirer on the precise harms of partisan gerrymandering and argues that excessive partisan gerrymandering unconstitutionally burdens the representational rights of individual voters. This Note proposes a judicially manageable standard to address that representational harm based on the Court's standard in Shaw v. Reno.
Campaign Finance And Electoral Reform: A Feminist Economics Perspective, Kimberly Christensen
Campaign Finance And Electoral Reform: A Feminist Economics Perspective, Kimberly Christensen
Buffalo Public Interest Law Journal
In "Campaign Finance and Electoral Reform: A Feminist Economics Perspective," we begin by examining the impact of the current regime of campaign finance on the American political system, in terms of the possibilities for corruption, for inegalitarian agenda-setting, and on the quality of representation by officeholders. We then briefly review attempts to regulate this system, from the Tillman Act of 1907 to the 2002 Bipartisan Campaign Reform Act ("McCain-Feingold"). We examine and critique the extant proposals for change, including legislation and/or regulation to "plug the holes" in FECA (the Federal Election Campaign Act of 1971), public financing of all federal …
The Not-So-Secret Ballot: How Washington Fails To Provide A Secret Vote For Impaired Voters As Required By The Washington State Constitution, Eric Van Hagen
The Not-So-Secret Ballot: How Washington Fails To Provide A Secret Vote For Impaired Voters As Required By The Washington State Constitution, Eric Van Hagen
Washington Law Review
Secrecy in voting ensures that elections represent the true will of the people by permitting a voter to freely express his or her convictions without fear of even the most subtle form of influence, ridicule, intimidation, corruption, or coercion. Article VI, section 6 of the Washington State Constitution protects this secrecy by requiring the legislature to provide every voter with a method of voting that will secure absolute secrecy in preparing and casting his or her ballot. To that end, Washington election law requires that new technology be implemented by January 1, 2006 to provide visually impaired voters with a …
The Myth Of Accountability And The Anti-Administrative Impulse, Edward Rubin
The Myth Of Accountability And The Anti-Administrative Impulse, Edward Rubin
Michigan Law Review
The idea of accountability is very much in fashion in legal and political thought these days. To be sure, the term is used in a variety of different ways, but that is the nature of fashion. Colored cloth ponchos may be in fashion this season, for example, but they can be shaped and colored in a variety of different ways. It is differences of this sort that sustain a fashion trend. If the only poncho available were red and square, the fashion trend would display an impressive unity, but it wouldn't last very long. In order to make sales, clothing …
Not Enough Of A Minority?: Arab Americans And The Language Assistance Provisions (Section 203) Of The Voting Rights Act, Brenda Fathy Abdelall
Not Enough Of A Minority?: Arab Americans And The Language Assistance Provisions (Section 203) Of The Voting Rights Act, Brenda Fathy Abdelall
University of Michigan Journal of Law Reform
With the Voting Rights Act set to expire in 2007, debate has ensued regarding the protections it provides for minority groups. Section 203 of the Act protects language minorities, but under these protections, only four minority groups are afforded bilingual access to voting materials. This Note argues that the Act is imperative to the protection of minority voters, especially those belonging to a language minority group. This Note further argues that not only should the Voting Rights Act be renewed, but § 203 should be revised to include Arab Americans. The Note focuses on the Arab American community because it …
Judging The Law Of Politics, Guy-Uriel Charles
Judging The Law Of Politics, Guy-Uriel Charles
Michigan Law Review
Election law scholars are currently engaged in a vigorous debate regarding the wisdom of judicial supervision of democratic politics. Ever since the Court's 1962 decision in Baker v. Carr, the Court has increasingly supervised a dizzying array of election-related matters. These include the regulation of political parties, access to electoral ballots, partisanship in electoral institutions, the role of race in the design of electoral structures, campaign financing, and the justifications for limiting the franchise. In particular, and as a consequence of the Court's involvement in the 2000 presidential elections in Bush v. Gore, a central task of election …
The Case For Federal Anti-Gerrymandering Legislation, Brian O'Neill
The Case For Federal Anti-Gerrymandering Legislation, Brian O'Neill
University of Michigan Journal of Law Reform
Partisan gerrymandering is a political tradition the United States can no longer afford. Due in part to the effects of partisan gerrymandering, very few congressional elections are meaningfully competitive. This Note argues that partisan gerrymandering damages both the quality of American democracy and the federal system of the United States. This Note concludes that the important federal interests at stake warrant action by Congress to halt partisan gerrymandering. The Note further concludes that any action by Congress should incorporate the principles of federalism by resisting the temptation to micromanage and Congress should instead require state commissions to draft the boundaries …
The Judicial Nominations Wars, William P. Marshall
The Judicial Nominations Wars, William P. Marshall
University of Richmond Law Review
No abstract provided.
Regulating The Mother's Milk Of Politics: Why Washington's Campaign Finance Law Constitutionally Prohibits State Parties From Spending Soft Money On Issue Ads, Scott Holleman
Washington Law Review
The possibility that elected officials may exchange their votes on pending legislation for donations to help their re-election campaigns poses a serious threat to democratic government. To alleviate this risk, governments at the state and national levels regulate how politicians finance their campaigns. However, these regulatory efforts have been challenged on First Amendment grounds. In Buckley v. Valeo, the United States Supreme Court upheld certain campaign contribution limits, while declaring certain expenditure limits unconstitutional. The Washington State Supreme Court relied on the Buckley opinion in Washington State Republican Party v. Washington Public Disclosure Commission, when it ruled that …
Instant Runoff Voting: A Cure That Is Likely Worse Than The Disease, James P. Langan
Instant Runoff Voting: A Cure That Is Likely Worse Than The Disease, James P. Langan
William & Mary Law Review
No abstract provided.
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Public Interest Law Reporter
No abstract provided.
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
UIC John Marshall Journal of Information Technology & Privacy Law
A lot of things have changed since the early memories of going into the voting booth, which at that time was the old mechanical machines, and pulled those levers down. It was taught that you have to vote because each vote was going to make a difference, each vote was going to be recorded and tallied. The voting which was done on Election Day, the way one voted was going to affect our democracy. Of course during that time there were also a lot of other things happening that ran counter to this ideal, stories including police intimidation especially in …
"Electronic Voting Rights And The Dmca: Another Blast From The Digital Pirates Or A Final Wake Up Call For Reform?", 23 J. Marshall J. Computer & Info. L. 533 (2005), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic voting machines are the new version of pirated music. Like digital music, electronic voting was designed to make voting rights easily available to the masses. However, technology has once again demonstrated how easy it is to circumvent a good idea through better “hacker” technology. In reality, any electronic voting software can be hacked no matter how good the encryption technology protecting it. The issue is not creating a fool-proof anti-circumvention system – an impossible task – but creating the necessary digital safeguards to make circumvention difficult, to make security breaches more readily detectable, and to provide back-up systems to …
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
UIC John Marshall Journal of Information Technology & Privacy Law
In general Election Day of 2004 proceeded surprisingly smoothly and although some problems were reported, by and large they were best characterized as “no big and lots of littles.” In the end, the margins of victory in most races during the 2004 election exceeded the margin of litigation, meaning the trouble that arose in many states would most likely not have changed the outcome. In the immediate aftermath of Election Day, however, a closer look at experiences around the country revealed widespread problems that, while immaterial to the outcome of the election, nonetheless indicate that much remains to be done …
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Michigan Journal of Race and Law
This examination of the institutional changes to state legislatures, synthesized with an analysis of the handling of felon disenfranchisement laws by state legislatures, presents a troubling realization about the law today: in the twenty-first century, partisan politics moderates decisions about even the most basic and fundamental principles of democracy. This Note suggests that because state legislators follow their party leadership and position, a state's traditional treatment of racial minorities, geographic location, and even ideology are not the strongest indicators of a state's disenfranchisement laws. Rather, partisan politics drives changes to the state laws governing felon voter eligibility.
Campaign Finance Reform, Electioneering Communications, And The First Amendment: Resuscitating The Third Exception, 38 J. Marshall L. Rev. 1315 (2005), Daniel B. Roth
UIC Law Review
No abstract provided.
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Vanderbilt Journal of Entertainment & Technology Law
This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light …
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
West Virginia Law Review
No abstract provided.
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
Michigan Journal of Race and Law
This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. In the face of this uncertainty, lower courts will rely increasingly on the proportionality standard of Johnson v. De Grandy, which marked the midpoint in the judicial shift from Justice Brennan's worldview to Justice O'Connor's world-view. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. …
Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert
Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert
Kentucky Law Journal
No abstract provided.
Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather
Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather
Kentucky Law Journal
No abstract provided.