Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Election Law

2003

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 33

Full-Text Articles in Law

The False Promise Of One Person, One Vote, Grant M. Hayden Nov 2003

The False Promise Of One Person, One Vote, Grant M. Hayden

Michigan Law Review

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive ...


Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard Oct 2003

Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard

University of Arkansas at Little Rock Law Review

No abstract provided.


Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2003

Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel Sep 2003

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Judicial Selection And Evaluation, Center For Democratic Culture At Unlv Sep 2003

Judicial Selection And Evaluation, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.


Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers Sep 2003

Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers

Nevada Law Journal

No abstract provided.


Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz Jun 2003

Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz

Michigan Law Review

A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to ...


The Prisoner's Campaign: Felony Disenfranchisement Laws And The Right To Hold Public Office, Andrea Steinacker May 2003

The Prisoner's Campaign: Felony Disenfranchisement Laws And The Right To Hold Public Office, Andrea Steinacker

BYU Law Review

No abstract provided.


The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin May 2003

The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin

Michigan Law Review

The 2001 passage of the Bipartisan Campaign Reform Act ("BCRA"), popularly known as "McCain-Feingold," set the stage for a momentous constitutional conflict in the United States Supreme Court in the 2003-04 Term. Among other things, the new legislation bans "soft money" contributions to the national political parties by corporations, labor unions, and individuals; prohibits state parties that are authorized to accept such contributions to spend the proceeds on activities related to federal elections; forbids federal candidates to participate in raising soft money; doubles the amount of "hard money" an individual can contribute in a federal election from $1,000 to ...


Hybridizing Citizenship, Kathryn Abrams May 2003

Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.


Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain May 2003

Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain

University of Richmond Law Review

No abstract provided.


Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber May 2003

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

University of Richmond Law Review

No abstract provided.


Voting With Cues, Elizabeth Garrett May 2003

Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.


Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan May 2003

Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.


Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer May 2003

Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.


Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall May 2003

Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall

University of Richmond Law Review

No abstract provided.


Why A New Paradigm?, Bruce Ackerman, Ian Ayres May 2003

Why A New Paradigm?, Bruce Ackerman, Ian Ayres

University of Richmond Law Review

No abstract provided.


The Absentee Ballot And The Secret Ballot: Challenges For Election Reform, John C. Fortier, Norman J. Ornstein Apr 2003

The Absentee Ballot And The Secret Ballot: Challenges For Election Reform, John C. Fortier, Norman J. Ornstein

University of Michigan Journal of Law Reform

Reforms in the recently enacted federal election reform legislation primarily address improving voting at a polling place, but there is a growing share of the electorate who vote away from the polling place through increased use of absentee ballots and vote-by-mail systems. Voters who vote away from the polling place do not have the same protections as those at the polling place. In particular, these voters do not have a secret ballot, as any ballot cast without a drawn curtain behind oneself is potentially subject to coercion, vote buying and fraud.

This Article looks at the tension between the Australian ...


Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus Apr 2003

Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus

University of Michigan Journal of Law Reform

Over a dozen national task forces and commissions have analyzed the 2000 presidential election and concluded that electoral system reforms are imperative not just in Florida, but nationwide. Among the common recommendations are elimination of punch card ballots, enhancement of registration procedures and outreach, provision of more accurate voter lists, clear delineation of appeals processes, establishment of voter rights and responsibilities, clarification of recount rules and procedures, securing of accessible polling places, better facilitation of voting and proper counting of absentee ballots, and ensuring provisional ballots available at each precinct. For these reforms to be most effective, the reports say ...


Barriers To Participation, Trevor Potter, Marianne H. Viray Apr 2003

Barriers To Participation, Trevor Potter, Marianne H. Viray

University of Michigan Journal of Law Reform

Despite the nation's founding commitment to participatory democracy, many barriers to candidate and public participation in the electoral process are damaging the public's confidence that our elections are fair and open to full participation by candidates and voters.

The nominating processes created by the two major parties mainly serve the goals of party "insiders" and the more politically extreme factions, at the expense of competition and public confidence in the two-party system. At the same time, barriers to minor party and independent candidates-closed primaries, excessive early-voter registration requirements and complicated state primary and general ballot access requirements-operate to ...


Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski Mar 2003

Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski

William & Mary Law Review

No abstract provided.


Beggars Can't Be Voters: Why Washington's Felon Re-Enfranchisement Law Violates The Equal Protection Clause, Jill E. Simmons Feb 2003

Beggars Can't Be Voters: Why Washington's Felon Re-Enfranchisement Law Violates The Equal Protection Clause, Jill E. Simmons

Washington Law Review

The Washington State Constitution denies persons convicted of felonies the right to vote until their civil rights have been restored. Civil rights are restored when offenders complete all aspects of their sentence, including paying the legal-financial obligations imposed at sentencing. Payment of legal-financial obligations presents a significant hurdle to offenders trying to reclaim their right to vote. According to the Washington Department of Corrections, roughly 46,500 offenders in Washington have not had their right to vote restored solely because of unpaid legal-financial obligations. The right to vote is a fundamental right secured by the United States Constitution, yet the ...


The Lame Ducks Of Marbury, John C. Nagle Jan 2003

The Lame Ducks Of Marbury, John C. Nagle

Journal Articles

The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the people who ...


The Legacy Of Buckley V. Valeo, Joel Gora Jan 2003

The Legacy Of Buckley V. Valeo, Joel Gora

Faculty Scholarship

No abstract provided.


The False Promise Of One Person, One Vote, Grant M. Hayden Jan 2003

The False Promise Of One Person, One Vote, Grant M. Hayden

Faculty Scholarship

This article challenges the theoretical foundations of the right to cast an equally weighted vote. That right, most elegantly captured in the phrase one person, one vote, was at the heart of the early reapportionment cases and has since become one of the hallmarks of democracy. One of the principal reasons for the success of the one person, one vote standard is that it appears to be a neutral or objective way of parsing out political power. Drawing on recent work in philosophy and economics on the nature of interpersonal utility comparisons, I demonstrate the normative character of the standard ...


Coherence Or Bust: Telling Tales About Election Law, James A. Gardner Jan 2003

Coherence Or Bust: Telling Tales About Election Law, James A. Gardner

Journal Articles

No abstract provided.


Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles Jan 2003

Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


"Don't Show Them Where To Click And Vote:" An Assessment Of Electioneering Law In The United States As A Consideration In Implementing Internet Voting Regimes, Michael Odell Walker Jan 2003

"Don't Show Them Where To Click And Vote:" An Assessment Of Electioneering Law In The United States As A Consideration In Implementing Internet Voting Regimes, Michael Odell Walker

Kentucky Law Journal

No abstract provided.


Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda Jan 2003

Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr. Jan 2003

Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.

Faculty Scholarship

No abstract provided.