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Articles 1 - 30 of 50
Full-Text Articles in Law
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Buffalo Law Review
No abstract provided.
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Michigan Law Review
Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.
A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter
University of Michigan Journal of Law Reform
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …
Section 8: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Seductive Comparison Of Shareholder And Civic Democracy, Usha Rodrigues
The Seductive Comparison Of Shareholder And Civic Democracy, Usha Rodrigues
Scholarly Works
This Comment takes the common comparison of shareholder democracy and political democracy in a new direction by exploring the parallels between the board of directors and the Electoral College, examining both institutions in light of the differences between nation and corporation and their contrasting histories. Both are "once removed" representative democracies, because both systems only give the voters the right to vote for representatives who then select those who actually govern. The Comment next considers, with a critical eye, the underlying premise that shareholder and civic democracies can be compared at all, given the radically different nature of the corporate …
The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily
The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily
All Faculty Scholarship
This forthcoming book chapter defines the problem of diminished political competition, describes the relevant legal analogies concerning regulation of economic competition, and explains how the law shapes the competitive environment for elections. It also details how Supreme Court justices have sometimes tried to incorporate competitiveness concerns into their election law decisions in cases concerning ballot access, redistricting, campaign finance, party reform, and term limits. For the most part, constitutional law proves to be both a blunt and a coarse instrument for addressing excesses of partisan greed or self-interest, but justices of varying ideological leanings have invoked such concerns (usually in …
Wandering Lonely As A Cloud: National Citizenship And The Case For Non-Territorial Election Districts (Review Of Andrew Rehfeld, The Concept Of Constituency: Political Representation, Democratic Legitimacy, And Institutional Design), James A. Gardner
Book Reviews
No abstract provided.
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr.
Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr.
North Carolina Central Law Review
No abstract provided.
Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn
Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law
Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Introduction, Charles P. Sabatino, Edward D. Spurgeon
Introduction, Charles P. Sabatino, Edward D. Spurgeon
McGeorge Law Review
No abstract provided.
Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz
Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz
McGeorge Law Review
No abstract provided.
Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie
Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie
McGeorge Law Review
No abstract provided.
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan
McGeorge Law Review
No abstract provided.
Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker
Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker
McGeorge Law Review
No abstract provided.
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker
McGeorge Law Review
No abstract provided.
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum
McGeorge Law Review
No abstract provided.
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
McGeorge Law Review
No abstract provided.
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
Michigan Law Review First Impressions
After winning control of both houses of the legislature and the governorship, Texas Republicans eventually succeeded in redistricting Texas’s congressional seats in 2003, replacing a 2001 court-drawn plan. LULAC v. Perry reviewed a number of challenges to that second redistricting. The decision deals with a multiplicity of issues, including, most importantly, the standard for violations of Section 2 of the Voting Rights Act and the nature of tests for unconstitutional partisan gerrymandering. While there are some clear holdings in the case, several of them reflect different combinations of Justices in the majority and, since there are six different opinions, it …
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Michigan Law Review First Impressions
In League of United Latin American Citizens (“LULAC”) v. Perry, the Supreme Court, for the second time in two years, agonized over partisan gerrymandering. LULAC’s rejection of a Democratic challenge to the Texas legislature’s mid-decade pro-Republican congressional redistricting resembles the Court’s 2004 dismissal of a Democratic gerrymandering suit against Pennsylvania’s pro-Republican congressional redistricting plan in Vieth v. Jubelirer. As in Vieth, the Justices wrangled over justiciability, the substantive standard for assessing the constitutionality of partisan gerrymandering claims, and the interplay of justiciability and constitutionality. As in Vieth, the Court was highly fragmented: Vieth produced five separate opinions, while LULAC took …
Self-Defeating Minimalism, Adam B. Cox
Self-Defeating Minimalism, Adam B. Cox
Michigan Law Review First Impressions
Everyone wants a piece of Tom DeLay. The former majority leader is under investigation and indictment, and even the Supreme Court threatened last Term to undo one of his signal achievements. In 2003, DeLay orchestrated a highly unusual mid-decade revision of Texas’s congressional map. The revised map was a boon to Republicans, shifting the Texas congressional delegation from 15 Republicans and 17 Democrats to 21 Republicans and 11 Democrats. The map was attacked as an unconstitutional partisan gerrymander and a violation of the Voting Rights Act. When the Supreme Court agreed to hear those challenges in LULAC v. Perry, many …
Cultural Compactness, Daniel R. Oritz
Cultural Compactness, Daniel R. Oritz
Michigan Law Review First Impressions
The Supreme Court’s opinions in LULAC v. Perry, the Texas redistricting case, confounded expectation. While many believed that the Court would develop the law governing partisan gerrymandering in one direction or another, it did not. As exactly before, such claims are justiciable but there is no law to govern them. In other words, the courthouse doors are open, but until some plaintiff advances a novel theory persuasive to five justices, no claims will succeed. On the other hand, few expected the Court to make any major changes to doctrine under the Voting Rights Act and Shaw v. Reno. But LULAC …
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Other Publications
The Voting Rights Initiative ("VRI") at the University of Michigan Law School was created during the winter of 2005 to help inform [...] the debates that led to this latest congressional reauthorization and the legal challenge to it that is certain to follow. A cooperative research venture involving 100 students working under faculty direction set out to produce a detailed portrait of litigation brought since 1982 under Section 2. This Report evaluates the results of that survey. The comprehensive data set may be found in a searchable form at http://www.votingreport.org or http://www.sitemaker.umich.edu/votingrights. The aim of this report and the accompanying …
Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith
Kentucky Law Journal
No abstract provided.
Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies
Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies
Florida A & M University Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
American Indian Law Review
No abstract provided.
Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes
Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes
Law Faculty Reports and Comments
The Panel was charged with identifying the deficiencies in the May 2, 2006 Cuyahoga County election, ascertain the causes and contributing factors of those deficiencies and provide recommendations to remedy the deficiencies.
The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.