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Articles 1 - 11 of 11

Full-Text Articles in Law

Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault Dec 2010

Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault

Buffalo Law Review

No abstract provided.


Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner Oct 2010

Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner

Michigan Journal of International Law

From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …


The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin Sep 2010

The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin

Buffalo Public Interest Law Journal

No abstract provided.


Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder Apr 2010

Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder

Washington International Law Journal

In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Apr 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

West Virginia Law Review

No abstract provided.


The Vote From Beyond The Grave, Krysta R. Edwards Mar 2010

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary Law Review

No abstract provided.


The Election Period And Regulation Of The Democratic Process, Saul Zipkin Mar 2010

The Election Period And Regulation Of The Democratic Process, Saul Zipkin

William & Mary Bill of Rights Journal

No abstract provided.


The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André Jan 2010

The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André

UIC Law Review

No abstract provided.


Standardizing The Principles Of International Election Observation, Jonathan Misk Jan 2010

Standardizing The Principles Of International Election Observation, Jonathan Misk

Vanderbilt Journal of Transnational Law

On October 27, 2005, thirty-two international nongovernmental organizations (INGOs) and intergovernmental organizations (IGOs) signed the Declaration of Principles for International Election Observation, drafted with the assistance of the United Nations. For nearly four decades before the signing of the Declaration, international election observation rapidly gained acceptance as a legitimate method of guaranteeing free and fair elections and thus promoting lasting democratic institutions. Many INGOs and IGOs conducting observation missions--including the Organization for Security and Cooperation in Europe, the Organization of American States, the South African Development Community, and the Carter Center-independently developed standards for their observers to follow. As international …


English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores Jan 2010

English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores

Kentucky Law Journal

No abstract provided.


Voting As Veto, Michael S. Kang Jan 2010

Voting As Veto, Michael S. Kang

Michigan Law Review

This Article introduces an alternate conception of voting as vetobased on "negative preferences" against a voter's least preferred outcomes-that enriches voting theory and practice otherwise dominated by a conception of voting as a means of expressing a voter's ideal preferences. Indeed, the familiar binary choices presented in American political elections obscure the pervasiveness of negative preferences, which are descriptively salient in voting under all types of circumstances. Negative preferences have been overlooked, despite their theoretical and practical importance across many domains, leaving important questions unexplored in the literature. The Article develops a normative and positive account of voting as veto …