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Articles 1 - 30 of 34
Full-Text Articles in Law
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy
Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy
Dickinson Law Review (2017-Present)
The current consensus among commentators is that the flood of cases challenging the 2020 presidential election results was almost completely meritless. This consensus is correct as to the ultimate result, but not as to the courts’ treatment of standing. In their (understandable) zeal to reject sometimes frivolous attempts to overturn a legitimate election and undermine public confidence in our electoral system, many courts were too quick to rule that plaintiffs lacked standing. These rulings resulted in unjustified sweeping rulings that voters were not injured even if their legal votes were diluted by states accepting illegal votes; that campaigns did not …
Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies
Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies
Helms School of Government Undergraduate Law Review
No abstract provided.
Foreign Cyber Interference In Elections, Michael N. Schmitt
Foreign Cyber Interference In Elections, Michael N. Schmitt
International Law Studies
In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria, Estonia, France, Germany, Hungary, …
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
Pepperdine Law Review
A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency and the Congress, Court-packing will be on the agenda, either expressly or under the guise of Court-reform. Now is the time for the American legal academy to join together to oppose this threat. Court-packing would threaten democracy, destroy the rule of law and undermine judicial independence. It is a pointless and unnecessary reaction born of …
The Segregation Of Markets, Christian Turner
The Segregation Of Markets, Christian Turner
Texas A&M Law Review
Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping”—rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another market …
"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley
"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley
University of Richmond 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.
A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy
A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy
Nevada Law Journal Forum
Trump’s narrow victories in swing states could have been caused by any number of factors, but it is still significant that there was a nation-wide shift of the non-college white electorate, male and female. Many non-college Democrats who had voted for Obama did not turn out for Hillary and some voted for Trump; many Republicans who had not voted for Romney turned out for Trump. This article proposes, as part of the explanation, a rebellion of non-college whites against the consequences for poor communities, in red states or in red pockets in blue states, of four decades of neoliberal selective …
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
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, …
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.
Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore
Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore
University of Richmond Law Review
This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.
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 …
Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin
Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin
Montana Law Review
No abstract provided.
A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman
A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman
University of Richmond Law Review
No abstract provided.
Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts
Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts
University of Richmond Law Review
No abstract provided.
Discouraging Election Contests, Joshua A. Douglas
Discouraging Election Contests, Joshua A. Douglas
University of Richmond Law Review
This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section
II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …
The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson
The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson
University of Richmond Law Review
No abstract provided.
Special Interest Money: A Threat To Democratic Government, David L. Boren
Special Interest Money: A Threat To Democratic Government, David L. Boren
Pepperdine Law Review
No abstract provided.
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
No abstract provided.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
University of Richmond Law Review
No abstract provided.
The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch
The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Seattle University Law Review
This session is Protecting the Polity: Strategies for Reform, and we frame this as additional strategies that are actually percolating in a concrete way out in the real world, not just in the world of academic theory, to promote citizen participation in a democracy that countenances corporate influence in the political process.
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Fordham Urban Law Journal
The article begins by expressing surprise that there is no safeguard for regularly scheduled elections and that if an election would have to be cancelled or postponed it is unknown what would happen. It then discusses what happened to elections during 9/11/2001 and the lack of statutory guidance ensuing from there, and discusses how some states have addressed the problem of an affected election, and questions what would happen to the presidential election in the face of such events. It questions whether Congress should attempt to legislate for such an event and gives a suggestion for what can be done …
Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer
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
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.
Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain
Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain
University of Richmond Law Review
No abstract provided.