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Full-Text Articles in Law
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review, Norman R. Williams
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review, Norman R. Williams
Marquette Law Review
In 2021, the Oregon Legislature succeeded in redrawing the state’s legislative and congressional districts, but the new redistricting plans were immediately challenged in state court as partisan gerrymanders. The Oregon Supreme Court rejected the challenge to the state legislative map, but its analysis, which accorded significant deference to the legislature’s choices, raised more questions than answers about the appropriate level of scrutiny for state redistricting plans. A special, five-judge court likewise rejected the gerrymandering challenge to the congressional map, and, while its analysis was less deferential, its decision also left unanswered the fundamental question regarding at what point a redistricting …
Election Administration Concerns Meet Claims Of A Fraudulent Election: A Comprehensive Analysis Of The 2020 Presidential Election And Its Aftermath In Wisconsin, Joe Franke
Marquette Law Review
The 2020 presidential election unearthed valid questions about how the election was administered and whether various state laws were properly followed. However, President Donald Trump and his closest allies routinely fail to distinguish between questions about whether state officials correctly interpreted and applied the state’ s election code and actual fraud or malfeasance. There is a significant difference between accusing election officials of wrongly interpreting state law or incorrectly implementing election procedures, and alleging that those same officials intended to rig the outcome. Failure to make this distinction has contributed to the stolen election narrative, which continues to roil the …
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Marquette Law Review
After an extremely partisan gerrymander in 2011, Wisconsin needs redistricting reform in order to eliminate partisan politics from the process. Now more than ever, momentum for change has reached its peak: the Wisconsin legislative maps as drawn in 2011 were ruled unconstitutional in Whitford v. Gill; the Supreme Court has recently ruled in favor of states implementing independent redistricting commissions; and nearly half of the states in the United States are beginning to use independent commissions for redistricting. This Comment proposes a unique approach for Wisconsin to adopt in order to curtail gerrymandering: the Wisconsin Impartial Citizens Redistricting Commission (WICRC). …
On Commercial—And Corporate—Speech, Jonathan Weinberg
Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken
Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken
Marquette Law Review
Boden Lecture given at Marquette University Law School on October 7, 2013
Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic
Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic
Marquette Law Review
Wisconsin Governor Scott Walker faced only the third gubernatorial recall in the nation’s history and was the first to survive. From a legal perspective, the 2012 Walker recall involved equally unique issues arising from the Wisconsin Constitution and obscure state statutes. This Article reviews the history of recall in Wisconsin and examines three significant legal issues that arose during the Walker recall: (1) litigation over review of submitted recall signatures; (2) unlimited campaign finance contributions; and (3) the scheduling of the recall election. The Article concludes that an assessment of the historical nature of the Walker recall is incomplete without …