Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (9)
- University of the Pacific (9)
- UIC School of Law (4)
- University of Kentucky (2)
- University of Oklahoma College of Law (2)
-
- University of Richmond (2)
- American University Washington College of Law (1)
- Florida A&M University College of Law (1)
- North Carolina Central University School of Law (1)
- University at Buffalo School of Law (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Elections (12)
- Voting Rights Act (8)
- Gerrymandering (7)
- Race and law (7)
- Texas (7)
-
- United States Supreme Court (7)
- Congressional districts (6)
- Equal Protection Clause (6)
- LULAC v. Perry (6)
- Latinos (6)
- Redistricting (6)
- Campaign finance (2)
- Kentucky (2)
- 2001 (1)
- Absentee ballots (1)
- Advertisements (1)
- Arnold Schwarzenegger (1)
- Ballot measures (1)
- Ballots (1)
- Blanket ballots (1)
- Burdens (1)
- CPRA (1)
- California Political Reform Act (1)
- Candidates (1)
- Compliance (1)
- Constitutional violations (1)
- Corruption (1)
- Democratic process (1)
- Democratic sovereignty (1)
- Department of Justice (1)
- Publication
-
- McGeorge Law Review (9)
- Michigan Law Review First Impressions (6)
- UIC Law Review (3)
- Kentucky Law Journal (2)
- University of Richmond Law Review (2)
-
- American Indian Law Review (1)
- Buffalo Law Review (1)
- Florida A & M University Law Review (1)
- Michigan Journal of Race and Law (1)
- Michigan Law Review (1)
- North Carolina Central Law Review (1)
- Oklahoma Law Review (1)
- The Modern American (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Transnational Law (1)
- Villanova Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Buffalo Law Review
No abstract provided.
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Michigan Law Review
Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.
A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter
University of Michigan Journal of Law Reform
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr.
Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr.
North Carolina Central Law Review
No abstract provided.
Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn
Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law
Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Introduction, Charles P. Sabatino, Edward D. Spurgeon
Introduction, Charles P. Sabatino, Edward D. Spurgeon
McGeorge Law Review
No abstract provided.
Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz
Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz
McGeorge Law Review
No abstract provided.
Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie
Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie
McGeorge Law Review
No abstract provided.
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
McGeorge Law Review
No abstract provided.
Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker
Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker
McGeorge Law Review
No abstract provided.
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
McGeorge Law Review
No abstract provided.
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
McGeorge Law Review
No abstract provided.
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
McGeorge Law Review
No abstract provided.
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
Michigan Law Review First Impressions
After winning control of both houses of the legislature and the governorship, Texas Republicans eventually succeeded in redistricting Texas’s congressional seats in 2003, replacing a 2001 court-drawn plan. LULAC v. Perry reviewed a number of challenges to that second redistricting. The decision deals with a multiplicity of issues, including, most importantly, the standard for violations of Section 2 of the Voting Rights Act and the nature of tests for unconstitutional partisan gerrymandering. While there are some clear holdings in the case, several of them reflect different combinations of Justices in the majority and, since there are six different opinions, it …
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Michigan Law Review First Impressions
In League of United Latin American Citizens (“LULAC”) v. Perry, the Supreme Court, for the second time in two years, agonized over partisan gerrymandering. LULAC’s rejection of a Democratic challenge to the Texas legislature’s mid-decade pro-Republican congressional redistricting resembles the Court’s 2004 dismissal of a Democratic gerrymandering suit against Pennsylvania’s pro-Republican congressional redistricting plan in Vieth v. Jubelirer. As in Vieth, the Justices wrangled over justiciability, the substantive standard for assessing the constitutionality of partisan gerrymandering claims, and the interplay of justiciability and constitutionality. As in Vieth, the Court was highly fragmented: Vieth produced five separate opinions, while LULAC took …
Self-Defeating Minimalism, Adam B. Cox
Self-Defeating Minimalism, Adam B. Cox
Michigan Law Review First Impressions
Everyone wants a piece of Tom DeLay. The former majority leader is under investigation and indictment, and even the Supreme Court threatened last Term to undo one of his signal achievements. In 2003, DeLay orchestrated a highly unusual mid-decade revision of Texas’s congressional map. The revised map was a boon to Republicans, shifting the Texas congressional delegation from 15 Republicans and 17 Democrats to 21 Republicans and 11 Democrats. The map was attacked as an unconstitutional partisan gerrymander and a violation of the Voting Rights Act. When the Supreme Court agreed to hear those challenges in LULAC v. Perry, many …
Cultural Compactness, Daniel R. Oritz
Cultural Compactness, Daniel R. Oritz
Michigan Law Review First Impressions
The Supreme Court’s opinions in LULAC v. Perry, the Texas redistricting case, confounded expectation. While many believed that the Court would develop the law governing partisan gerrymandering in one direction or another, it did not. As exactly before, such claims are justiciable but there is no law to govern them. In other words, the courthouse doors are open, but until some plaintiff advances a novel theory persuasive to five justices, no claims will succeed. On the other hand, few expected the Court to make any major changes to doctrine under the Voting Rights Act and Shaw v. Reno. But LULAC …
Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith
Kentucky Law Journal
No abstract provided.
Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies
Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies
Florida A & M University Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
American Indian Law Review
No abstract provided.
The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker
The Modern American
No abstract provided.
The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly
The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly
Michigan Journal of Race and Law
This Article’s analysis reveals that by the 1990s the intent, or purpose, prong of Section 5 had become the dominant basis for objections to discriminatory voting changes. During that decade an astonishing 43 percent of all objections were, according to this assessment, based on discriminatory purpose alone. Thus, a key issue for Congress in determining how to deal with the preclearance requirement of the Act due to expire in 2007-assuming it seeks to restore the protection of minority voting rights that existed before January 2000-is whether to revise the language of Section 5 so as to restore the long-accepted definition …
Anthony Kennedy's Blind Quest, Scot Powe, Steve Bickerstaff
Anthony Kennedy's Blind Quest, Scot Powe, Steve Bickerstaff
Michigan Law Review First Impressions
League of United Latin American Citizens [LULAC] v. Perry embraced, in the context of partisan gerrymandering, Felix Frankfurter’s conclusion that the Supreme Court should not enter the political thicket of legislative apportionment. Two years earlier in Vieth v. Jubelirer, the Court split 4–1–4 on the justiciability of partisan gerrymandering. O’Conner and the three conservatives held it was nonjusticiable. Each of the four moderate liberals offered a test showing it was justiciable. Kennedy dissented from the conservatives while simultaneously rejecting each of the four tests offered. He announced he was waiting for a better test. When far superior tests were offered …
Strict In Theory, Loopy In Fact, Nathaniel Persily
Strict In Theory, Loopy In Fact, Nathaniel Persily
Michigan Law Review First Impressions
Most Supreme Court-watchers find the decision in LULAC v. Perry notable for the ground it breaks concerning Section 2 of the Voting Rights Act and the ground it refuses to break on the topic of partisan gerrymandering. I tend to think the Court’s patchwork application of Section 2 to strike down a district on vote dilution grounds is not all that dramatic, nor is its resolution of the partisan gerrymandering claims all that surprising. The truly unprecedented development in the case for me was Justice Scalia’s vote to uphold what he considered a racial classification under the Equal Protection Clause, …
Why Legislative Findings Can Pad-Lock Redistricting Plans In Racial-Gerrymandering Cases, 39 J. Marshall L. Rev. 1371 (2006), Frank Adams
UIC Law Review
No abstract provided.
Litigating Bush V. Gore In The States: Dual Voting Systems And The Fourteenth Amendment, Richard B. Saphire, Paul Moke
Litigating Bush V. Gore In The States: Dual Voting Systems And The Fourteenth Amendment, Richard B. Saphire, Paul Moke
Villanova Law Review
No abstract provided.