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Articles 1 - 10 of 10
Full-Text Articles in Law
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Journal Articles
In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …
Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Trends. Throwing Out The Baby With The Bathwater: Form And Substance Of Peruvian Democracy, Ibpp Editor
Trends. Throwing Out The Baby With The Bathwater: Form And Substance Of Peruvian Democracy, Ibpp Editor
International Bulletin of Political Psychology
This article discusses corruption and democracy in Peru during the time of President Alberto Fujimori.
Ruiz V. Santa Maria: Defining "Minority-Preferred Candidate" Within Section 2 Of The Voting Rights Act, Stephanie E. Ord
Ruiz V. Santa Maria: Defining "Minority-Preferred Candidate" Within Section 2 Of The Voting Rights Act, Stephanie E. Ord
Brigham Young University Journal of Public Law
No abstract provided.
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Richmond Journal of Law and the Public Interest
What can be done about this ticking bomb? Nothing short of a constitutional amendment can stop the clock. Many amendments to change the electoral college system have been proposed.Some have cleared either house of Congress, but not one has reached the states for ratification since the Twelfth Amendment. We consider some possibilities to stop the clock below.
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Richmond Public Interest Law Review
What can be done about this ticking bomb? Nothing short of a constitutional amendment can stop the clock. Many amendments to change the electoral college system have been proposed.Some have cleared either house of Congress, but not one has reached the states for ratification since the Twelfth Amendment. We consider some possibilities to stop the clock below.
Race And The Right To Vote After Rice V. Cayetano, Ellen D. Katz
Race And The Right To Vote After Rice V. Cayetano, Ellen D. Katz
Articles
Last Term, the Supreme Court relied on Gomillion [v. Lightfoot] to hold that Hawaii, like Alabama before it, had segregated voters by race in violation of the Fifteenth Amendment. The state law at issue in Rice v. Cayetano provided that only "Hawaiians" could vote for the trustees of the state's Office of Hawaiian Affairs ("OHA"), a public agency that oversees programs designed to benefit the State's native people. Rice holds that restricting the OHA electorate to descendants of the 1778 inhabitants of the Hawaiian Islands embodied a racial classification that effectively "fenc[ed] out whole classes of ...ci tizens from decisionmaking …
Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly
Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly
Michigan Journal of Race and Law
This Case Note examines a recent Supreme Court decision that collapses the purpose and effect prongs of Section 5, effectively lowering the barrier to preclearance for covered jurisdictions. In Reno v. Bossier Parish School Board II the Court determined that Section 5 disallows only voting plans that are enacted with a retrogressive purpose (i.e., with the purpose to "worsen" the position of minority voters). The Court held that Section 5 does not prohibit preclearance of a plan enacted with a discriminatory purpose but without a retrogressive effect. Evidence of a Section 2 violation alone will not be enough to prove …
Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky
LLM Theses and Essays
The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …
The Recusal Alternative To Campaign Finance Legislation, John C. Nagle
The Recusal Alternative To Campaign Finance Legislation, John C. Nagle
Journal Articles
Typical campaign finance proposals focus on limiting the amount of money that can be contributed to candidates and the amount of money that candidates can spend. This article suggests an alternative proposal that places no restrictions on contributions or spending, but rather targets the corrupting influence of contributions. Under the proposals, legislators would be required to recuse themselves from voting on issues directly affecting contributors. I contend that this proposal would prevent corruption and the appearance of corruption while remedying the first amendment objections to the regulation of money in campaigns.