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Articles 1 - 21 of 21
Full-Text Articles in Law
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
No abstract provided.
Foreword: What North Carolina Can Learn From The League Of Women Voters Of Indiana, Inc. V. Rokita Decision, J. Christopher Heagarty
Foreword: What North Carolina Can Learn From The League Of Women Voters Of Indiana, Inc. V. Rokita Decision, J. Christopher Heagarty
North Carolina Central Law Review
No abstract provided.
Equal Opportunities Do Not Always Equate To Equal Representation: How Bartlett V. Strickland Is A Regression In The Face Of The Ongoing Civil Rights Movement, Brandon Roseman
North Carolina Central Law Review
No abstract provided.
Is Indiana's Voter Id Law A Bridge To Nowhere, Matthew D. Neumann
Is Indiana's Voter Id Law A Bridge To Nowhere, Matthew D. Neumann
North Carolina Central Law Review
No abstract provided.
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
BYU Law Review
No abstract provided.
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Michigan Law Review
Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
North Carolina Central Law Review
No abstract provided.
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Michigan Law Review
Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized …
When The Veil And Vote Collide: Enhancing Muslim Women's Rights Through Electoral Reform, Amber Rose Maltbie
When The Veil And Vote Collide: Enhancing Muslim Women's Rights Through Electoral Reform, Amber Rose Maltbie
McGeorge Law Review
No abstract provided.
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Michigan Journal of Race and Law
Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …
Recent Developments In Absentee Voting, James Alcorn
Recent Developments In Absentee Voting, James Alcorn
Richmond Journal of Law and the Public Interest
With the votes cast and counted, the political signs down, and the final dollars tallied, most people were glad to have election season behind them. For the election community, however, the groundwork for future decisions was beginning anew. The 2009 session of the Virginia General Assembly again saw a large number of bills related to election administration.1 Included in those were a large number of absentee voting bills.2 For the last fifteen years, legislators have introduced numerous bills related to absentee voting, and roughly half of these bills have succeeded. 3 While the rest of the country considers large election …
A Defense Of Legislative Redistricting, Delegate Mark Cole
A Defense Of Legislative Redistricting, Delegate Mark Cole
Richmond Journal of Law and the Public Interest
Virginia is one of thirty-six states in which the legislature holds primary responsibility for the process of redrawing the lines of legislative and congressional districts after the completion of each decennial census. During the last two sessions of the Virginia General Assembly, however, there have been concerted efforts by Governor Tim Kaine, General Assembly Democrats, and a collection of interest groups calling themselves the Virginia Redistricting Coalition to limit the legislature's responsibility for redistricting. In 2008 and 2009, those efforts failed.
Bipartisan Redistricting, Senator R. Creigh Deeds
Bipartisan Redistricting, Senator R. Creigh Deeds
Richmond Journal of Law and the Public Interest
The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …
What Will The Life Of Riley V. Kennedy Mean For Section 5 Of The Voting Rights Act?, Michael J. Pitts
What Will The Life Of Riley V. Kennedy Mean For Section 5 Of The Voting Rights Act?, Michael J. Pitts
Maryland Law Review
No abstract provided.
Recent Developments In Absentee Voting, James Alcorn
Recent Developments In Absentee Voting, James Alcorn
Richmond Public Interest Law Review
With the votes cast and counted, the political signs down, and the final dollars tallied, most people were glad to have election season behind them. For the election community, however, the groundwork for future decisions was beginning anew. The 2009 session of the Virginia General Assembly again saw a large number of bills related to election administration.1 Included in those were a large number of absentee voting bills.2 For the last fifteen years, legislators have introduced numerous bills related to absentee voting, and roughly half of these bills have succeeded. 3 While the rest of the country considers large election …
Bipartisan Redistricting, Senator R. Creigh Deeds
Bipartisan Redistricting, Senator R. Creigh Deeds
Richmond Public Interest Law Review
The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …
A Defense Of Legislative Redistricting, Delegate Mark Cole
A Defense Of Legislative Redistricting, Delegate Mark Cole
Richmond Public Interest Law Review
Virginia is one of thirty-six states in which the legislature holds primary responsibility for the process of redrawing the lines of legislative and congressional districts after the completion of each decennial census. During the last two sessions of the Virginia General Assembly, however, there have been concerted efforts by Governor Tim Kaine, General Assembly Democrats, and a collection of interest groups calling themselves the Virginia Redistricting Coalition to limit the legislature's responsibility for redistricting. In 2008 and 2009, those efforts failed.
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Cleveland State Law Review
This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …
Does The Introduction Of Independent Redistricting Reduce Congressional Partisanship, David G. Oedel, Allen K. Lynch, Sean E. Mulholland, Neil T. Edwards
Does The Introduction Of Independent Redistricting Reduce Congressional Partisanship, David G. Oedel, Allen K. Lynch, Sean E. Mulholland, Neil T. Edwards
Villanova Law Review
No abstract provided.
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.