Law Commons^™

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

Supreme Court Preview

No abstract provided.

Sumter County, Alabama And The Origins Of The Voting Rights Act, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

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

Journal Articles

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

Law Faculty Articles and Research

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

Faculty Journal Articles and Book Chapters

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. …

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 …

Juror Information On The Web: A Study Of Hispanic Populated Texas Counties, Irma S. Jones, Janna Arney, Dianna Blankenship

Teaching and Learning Faculty Publications and Presentations

In response to the initiative of providing juror education materials online, this study proposes that unless Web sites are designed in a usable fashion, this initiative could fail to enhance jury response and further aggravate the problem of underrepresentation by minorities. This study suggests that all online juror information Web sites be analyzed for “usability” and “design” if they are to be an effective education tool. In addition, this study proposes to compare responses to county Web sites in order to gauge bias responses of participants to their own county’s Web site vs. other county Web sites.

Reforming Campaign Finance Reform: A Review Of Voting With Dollars, Richard Briffault

Faculty Scholarship

On March 27, 2002, President George W. Bush signed the Bipartisan Campaign Reform Act of 2002 ("BCRA") into law. The culmination of a six-year legislative and political struggle, BCRA works the most comprehensive change in federal campaign finance law in nearly three decades. BCRA addresses a broad range of issues, including soft money, issue-advocacy advertising, fundraising on federal property, campaign activities of foreign nationals, and penalties for violation of campaign finance laws. Enacted in the face of intense political opposition, BCRA, if it stands up in court, is a significant reform achievement.

Or is it? BCRA closely follows the main …

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

Faculty Scholarship

No abstract provided.

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.

Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz

Articles

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 Legacy Of Buckley V. Valeo, Joel Gora

Faculty Scholarship

No abstract provided.