Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (6)
- Pepperdine University (4)
- SelectedWorks (4)
- Loyola Marymount University and Loyola Law School (3)
- Maurer School of Law: Indiana University (3)
-
- Selected Works (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Colorado Law School (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Belmont University (1)
- Bowdoin College (1)
- Chapman University (1)
- Mississippi College School of Law (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Trinity College (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Washington School of Law (1)
- University of the District of Columbia School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- University of Richmond Law Review (5)
- Pepperdine Law Review (4)
- Justin Schwartz (3)
- Loyola of Los Angeles Law Review (3)
- All Faculty Scholarship (2)
-
- Indiana Law Journal (2)
- Journal Articles (2)
- Publications (2)
- Scholarly Works (2)
- Arbitration Law Review (1)
- Articles (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Bertrall L Ross (1)
- Catholic University Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Honors Projects (1)
- Honors Scholars Collaborative Projects (1)
- James J. Woodruff II (1)
- Jon L. Mills (1)
- Law Faculty Publications (1)
- Maryland Law Review (1)
- Michigan Law Review (1)
- Nevada Law Journal (1)
- Reviews (1)
- Roslyn Fuller (1)
- Schmooze 'tickets' (1)
- Seattle University Law Review (1)
- Senior Theses and Projects (1)
- Publication Type
Articles 1 - 30 of 51
Full-Text Articles in Law
American Voter Turnout: The Influence Of Education Levels On Voter Participation, Jack Thomas Bunzel-Hardie
American Voter Turnout: The Influence Of Education Levels On Voter Participation, Jack Thomas Bunzel-Hardie
Student Scholar Symposium Abstracts and Posters
This study is intended to explore the relevant relationship between mistrust in government officials and voter turnout. Within a research article such as this, it is important to distinguish the dependent and independent factors from one another so as not to get them confused. This article identifies the growing sense of mistrust that many Americans feel towards their government officials as the independent factor while examining the relationship that voter turnout has with that growing fear, therefore making that the dependent variable. While this issue has been studied in the past there have been many new events taking place and …
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Honors Scholars Collaborative Projects
Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …
Political Redistricting In The Post-Rucho Era, Robert Fisch
Political Redistricting In The Post-Rucho Era, Robert Fisch
University of the District of Columbia Law Review
In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …
Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki
Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki
Honors Projects
Small donors have provided an increased share of total campaign contributions in the 2016, 2018, and 2020 U.S. federal election cycles, including about $3 billion of the $14.4 billion raised in 2020. Campaign funding is still dominated by an influential set of large donors, but small donations may be the basis for an effective response to the disproportionate amount of “big money” in politics. This study investigates whether candidates who are more extreme perform better with small donors, and then examines the impact of small donations and overall funding on election results. These analyses were performed using linear sum-of-squares regression …
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Publications
Capitalizing on recent advances in algorithmic sampling, The Race-Blind Future of Voting Rights explores the implications of the long-standing conservative dream of certified race neutrality in redistricting. Computers seem promising because they are excellent at not taking race into account—but computers only do what you tell them to do, and the rest of the authors’ apparatus for measuring minority electoral opportunity failed every check of robustness and numerical stability that we applied. How many opportunity districts are there in the current Texas state House plan? Their methods can give any answer from thirty-four to fifty-one, depending on invisible settings. But …
Eight Months Later, Ellen D. Katz
Eight Months Later, Ellen D. Katz
Reviews
Rick Hasen’s Election Meltdown provides a concise and scathing analysis of what ails the American electoral process. Rick identifies four “principal dangers”—namely, voter suppression, “pockets of incompetence” in election administration, “dirty tricks,” and “incendiary rhetoric” about stolen or rigged elections. He argues that these dangers have contributed to past dysfunctional elections and are sure to infect future ones. Election Meltdown closes with some proposals to temper the identified dangers so as to make voting less difficult and restore confidence in the electoral process.
Undefeated - Women In Politics Exhibit Panel, Sally Brown
Undefeated - Women In Politics Exhibit Panel, Sally Brown
Undefeated Exhibit Panels
Undefeated - Women in Politics poster
Women identified are Geraldine Ferraro, Ella Grasso, Hillary Clinton, Minnie Buckingham Harper, Charlene Marshall, Victoria Woodhull, Kama Harris. A description of Suffrage Buttons is included
Speech Inequality After Janus V. Afscme, Charlotte Garden
Speech Inequality After Janus V. Afscme, Charlotte Garden
Indiana Law Journal
This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.
The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the …
Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles
Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles
Maryland Law Review
No abstract provided.
Cracks In The Foundation, Lisa Marshall Manheim
Cracks In The Foundation, Lisa Marshall Manheim
Articles
This essay is part of a symposium on Richard L. Hasen’s book, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (2020). It discusses how intentional voter suppression runs contrary to a universalist conception of voting and exacerbates the other major threats facing American elections.
America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan
America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan
Senior Theses and Projects
Our Constitution mandates the president of the United States be elected through the electoral college, a mechanism originally engineered to be a compromise between a popular vote by qualified citizens and a vote by Congress. The electoral college existed without controversy up until the 21st century because it consistently produced a winning candidate which mirrored the popular vote, our contemporary perception of a democratic voting method. The legitimacy of the electoral college in the 21st century, however, has been called into question after two of the last five presidents have failed to win the popular vote. Critics of the institution …
The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin
The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin
Indiana Law Journal
In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story. The actions …
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
University of Richmond Law Review
No abstract provided.
If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, Brian Greivenkamp
University of Cincinnati Law Review
No abstract provided.
A New Proposal To Address Local Voting Discrimination, Cody Gray
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Politics At Work After Citizens United, Ruben J. Garcia
Politics At Work After Citizens United, Ruben J. Garcia
Loyola of Los Angeles Law Review
There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Reforms In Florida After The 2000 Presidential Election, Jon L. Mills
Reforms In Florida After The 2000 Presidential Election, Jon L. Mills
Jon L. Mills
Much has been written concerning the Florida recount, and the final U.S. Supreme Court decision in Bush v. Gore. Moreover, the popular media has mostly focused on the negatives of the Florida recount without delving into the exact reasons why Florida became the epicenter of this controversy. Not much has been written pinpointing the actual circumstances precipitating Florida's position after the election, nor discussing the theoretical underpinning of Florida election law, which embraces a broad liberal concept of respecting the “will of the voter.” By examining both the actual circumstances surrounding Florida in 2000 and recognizing that Florida election jurisprudence …
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
When Rhetoric Obscures Reality: The Definition Of Corruption And Its Shortcomings, Jessica Medina
Loyola of Los Angeles Law Review
Due to public scorn after the unraveling of the Watergate scandal, the Supreme Court considered the constitutionality of the Federal Election Campaign Act’s restrictions on political contributions and expenditures. Buckley v. Valeo established that no legitimate government interest existed to justify restrictions on campaign expenditures, and only the prevention of corruption or the appearance of corruption could justify restrictions on campaign contributions. Since then, the Court has struggled to articulate a definition of corruption that balances First Amendment protections with the potential for improper influence. This Article argues that the Court’s current definition of corruption is too narrow, and proposes …
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Bertrall L Ross
No abstract provided.
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Catholic University Law Review
As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
James J. Woodruff II
This Article seeks to answer the following question: What are the actual limits the government can place on political speech at and around the polling place? In examining this question, this Article argues that some of the current limitations placed on polling-place activities are unconstitutional. Specifically, this Article focuses on the wearing of political slogans and images within the polling room and campaign-free zone and the placement of campaign signs within the campaign-free zone.
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Schmooze 'tickets'
No abstract provided.
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Roslyn Fuller
This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.