Law Commons^™

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky

University of Miami Law Review

This Article identifies and examines the Supreme Court’s longstanding unintelligibility with respect to recognition of a fundamental right to vote per se under the Constitution. In a host of equal protection cases, the Court’s refusal to “say what the law is” in this regard has produced a chaotic jurisprudence on the status of the right. Because ours is a constitutional schema consisting of multiple types of rights to vote, the refusal manifests as judicial reliance on and acclamation of some unspecified right to vote. It is refusal by lack of clarity. The unsorted right has led some scholars to conclude …

You Can't Have Your Vote And Dilute It Too: Closing The Voting Rights Act Loophole In Gerrymandering Claims, Megan B. Kelly

William & Mary Law Review

The problem with creating and enforcing redistricting standards arises poignantly in racial gerrymandering cases that involve VRA section 2 compliance. In many ways, the rights that the Equal Protection Clause seeks to protect are at odds with the rights that section 2 seeks to protect. On the one hand, equal protection asserts a certain color-blindness, an interest in minimizing the focus on race and, in doing so, maximizing equality for all. On the other hand, the VRA suggests, and in fact requires, line-drawers keep at least one eye on race when drawing lines.

These opposing rights create a tension, which …

Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon

William & Mary Bill of Rights Journal

No abstract provided.

A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar

Journal of Race, Gender, and Ethnicity

No abstract provided.

After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith

Journal of Race, Gender, and Ethnicity

No abstract provided.

Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary 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

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

State Campaign Finance Schemes And Equal Protection, John M. Hamilton

Indiana Law Journal

No abstract provided.

The Supreme Court And Local Reapportionment: Voter Inequality In Special-Purpose Units, Philip L. Martin

William & Mary Law Review

No abstract provided.

A Constitutional Analysis Of Student Residency Laws, Allen M. Silk

Villanova Law Review

No abstract provided.