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Articles 1 - 10 of 10
Full-Text Articles in Law
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Michigan Law Review
In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Michigan Law Review
This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Michigan Law Review
Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …
Campaign Finance Reform, Senate Committee On Elections And Reapportionment
Campaign Finance Reform, Senate Committee On Elections And Reapportionment
California Senate
No abstract provided.
The Constitution And The Ballot Box: Supreme Court Jurisprudence And Ballot Access For Independent Candidates, Brian L. Porto
The Constitution And The Ballot Box: Supreme Court Jurisprudence And Ballot Access For Independent Candidates, Brian L. Porto
Brigham Young University Journal of Public Law
No abstract provided.
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Assembly Committee On Elections, Reapportionment And Constitutional Amendments 1993 Legislative Summary, Assembly Committee On Elections, Reapportionment And Constitutional Amendments
Assembly Committee On Elections, Reapportionment And Constitutional Amendments 1993 Legislative Summary, Assembly Committee On Elections, Reapportionment And Constitutional Amendments
California Assembly
No abstract provided.
New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution
New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution
Touro Law Review
No abstract provided.
Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault
Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault
Faculty Scholarship
Twenty-five years ago, in Avery v Midland County, the United States Supreme Court extended the one person/one vote requirement to local governments. Avery and subsequent decisions applying federal constitutional standards to local elections suggested a change in the legal status of local governments and appeared to signal a shift in the balance of federalism. Traditionally, local governments have been conceptualized as instrumentalities of the states. Questions of local government organization and structure were reserved to the plenary discretion of the states with little federal constitutional oversight. In contrast, Avery assumed that local governments are locally representative bodies, not simply …
Shaw V. Reno: On The Borderline, Emily Calhoun