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Election Law

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2007

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Articles 1 - 28 of 28

Full-Text Articles in Law

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour Nov 2007

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.


Race And Class In The 21st Century Through The Lens Of Hurricane Katrina: Introduction, Dorothy A. Brown Sep 2007

Race And Class In The 21st Century Through The Lens Of Hurricane Katrina: Introduction, Dorothy A. Brown

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley Sep 2007

Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak Jul 2007

The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak

University of Arkansas at Little Rock Law Review

No abstract provided.


Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith Jul 2007

Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith

University of Arkansas at Little Rock Law Review

No abstract provided.


Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer Jul 2007

Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer

University of Arkansas at Little Rock Law Review

No abstract provided.


On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn Jul 2007

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn

University of Arkansas at Little Rock Law Review

No abstract provided.


Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger Jul 2007

Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger

University of Arkansas at Little Rock Law Review

No abstract provided.


Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch Jul 2007

Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.


Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton Jul 2007

Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby Jul 2007

Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby

Osgoode Hall Law Journal

The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …


An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young Jul 2007

An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young

University of Arkansas at Little Rock Law Review

No abstract provided.


Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar May 2007

Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar

University of Michigan Journal of Law Reform

Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note …


Politics As Usual: The Continuing Debate Over Partisan Gerrymandering Schemes In League Of United Latin American Citizens V. Perry, Steve Flynn May 2007

Politics As Usual: The Continuing Debate Over Partisan Gerrymandering Schemes In League Of United Latin American Citizens V. Perry, Steve Flynn

Mercer Law Review

In League of United Latin American Citizens v. Perry, the Supreme Court held that a statewide challenge to the Texas State Legislature's mid-term redistricting plan did not violate Section Two of the Voting Rights Act of 1965, but that the redrawing of district lines in one particular district (District 23) did violate the Act. The case leaves open the ability of the Supreme Court to adjudicate political gerrymandering schemes in cases where equal protection claims are made.


Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger May 2007

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Mercer Law Review

When a corporation participates in the public sphere, its participation often takes the form of money. Corporate money must be given to someone to bring corporate participation into being-money to spend on public relations, advertising, or lobbying, or money to spend in a political campaign. Though the form is the same, the Supreme Court has treated these modes of corporate participation very differently. On the one hand, corporate money is seen as speech when it is the means used for corporations to sell products or state positions on issues. On the other, a majority of the Rehnquist-O'Connor Court perceived corporate …


A Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, And Coretta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, David H. Harris, Trish Hardy Apr 2007

A Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, And Coretta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, David H. Harris, Trish Hardy

North Carolina Central Law Review

No abstract provided.


The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss Apr 2007

The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss

Pace Law Review

No abstract provided.


Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner Apr 2007

Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner

Buffalo Law Review

Perhaps the one completely uncontested truth in the shared public ideology of American politics is that an election campaign ought to be a serious occasion in the life of a democratic polity, a time when citizens reflect maturely on the great public issues of the day. On this view, the ultimate purpose of election campaigns is to offer voters and candidates a meaningful opportunity for deliberation and persuasion. Of course, the typical modern American election campaign does not seem seriously reflective and deliberative so much as shallow and unengaging. Reasoned persuasion seems to play a minor role, if that. The …


Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson Apr 2007

Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson

Campbell Law Review

This article returns to the debate over a proper test by collecting relevant ads and test proposals in an Appendix and using these as tools to analyze a test derived from a grassroots lobbying ad (hereinafter the "PBA Ad") that was recognized as a genuine issue ad by defense expert Goldstein in McConnell. Parts I through III provide the context for Part IV, which derives and analyzes a test from the PBA Ad. Part I provides a brief overview of the legislative, rulemaking, and constitutional context. Part II demonstrates that McConnell only decided a facial challenge, leaving as-applied challenges for …


A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben Mar 2007

A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben

University of the District of Columbia Law Review

No abstract provided.


The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins Mar 2007

The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins

BYU Law Review

No abstract provided.


Voter Identification, Spencer Overton Feb 2007

Voter Identification, Spencer Overton

Michigan Law Review

In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) "common sense" arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a photo-identification …


The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker Jan 2007

The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker

Michigan Journal of Race and Law

The Voting Rights Act of 1965 (VRA) is one of the most successful civil rights laws ever enacted. Following its passage, the promise of the Fifteenth Amendment has become a reality for millions of Americans. Black voters in the South register to vote without being subjected to discriminatory tests or devices. Minority citizens can cast ballots free of intimidation and violence. Barriers posed by English-only elections have been removed for many language minority voters. Voters are permitted to receive assistance from the person of their choice. Federal observers play an indispensable role in serving as the eyes and ears of …


The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2007

The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Michigan Journal of Race and Law

This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …


Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller Jan 2007

Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller

UIC Law Review

No abstract provided.


When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells Jan 2007

When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells

University of Colorado Law Review

A majority of United States citizens reside in states that allow voters to directly decide questions of public policy through an initiative or referendum process. Although originally instituted as a check on elitist legislatures, the initiative process has generated its own set of electoral problems. Voters may find themselves under informed or confused about complex public policy issues, while interest groups attempt to manipulate the public with misinformation campaigns. In an examination of research findings from a 2006 statewide poll of likely voters in Washington, this article explores public perceptions, misperceptions and choices in initiative and referendum elections. The authors …


When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio Jan 2007

When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio

Michigan Law Review

This Note argues that interpreting section 2 to exclude initiative proposals during their circulation phase is the only way to avoid insurmountable statutory construction problems and constitutional objections. It grounds the theoretical discussion of the VRA in an analysis of how the court applied section 2 in Operation King's Dream. Part I provides the legal landscape of a section 2 claim, including relevant legislative history and the essential elements of a successful claim. Part II contends that because no voting takes place during the petition phase of a proposal, petition circulation can neither deny nor abridge the right to …


The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch Jan 2007

The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.