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Articles 1 - 13 of 13

Full-Text Articles in Law

Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer Jan 2018

Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …


Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Race, Redistricting, And Representation, Guy-Uriel Charles Jan 2007

Race, Redistricting, And Representation, Guy-Uriel Charles

Faculty Scholarship

This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.


The Aftermath Of In Re 2001 Redistricting Cases: The Need For A New Constitutional Scheme For Legislative Redistricting In Alaska, Gordon S. Harrison Jun 2006

The Aftermath Of In Re 2001 Redistricting Cases: The Need For A New Constitutional Scheme For Legislative Redistricting In Alaska, Gordon S. Harrison

Alaska Law Review

No abstract provided.


Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins Jan 2006

Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2006

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates Nov 2005

Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates

Duke Law Journal

No abstract provided.


Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles Jan 2003

Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


A Black Party? Timmons, Black Backlash And The Endangered Two-Party Paradigm, Terry Smith Oct 1998

A Black Party? Timmons, Black Backlash And The Endangered Two-Party Paradigm, Terry Smith

Duke Law Journal

In a pair of 1997 electoral decisions, the Supreme Court decided that Minnesota could prohibit fusion candidacies in the interest of maintaining a strong two-party system, but that Georgia could not create two new majority-minority congressional districts because the redistricting process had been impermissibly infected by race. In this Article, Professor Smith argues that these two decisions unavoidably conflict. While the fusion case reaffirmed the states' interest in maintaining a strong two-party system, the racial gerrymandering case severely undercut the states' ability to achieve this interest in jurisdictions where the major parties are racially stratified. He demonstrates that blacks operating …


Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis Nov 1994

Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis

Duke Law Journal

No abstract provided.


The Constitution Of Japan Apr 1990

The Constitution Of Japan

Law and Contemporary Problems

No abstract provided.


Malapportionment Of Representation In The National Diet, Hiroyuki Hata Apr 1990

Malapportionment Of Representation In The National Diet, Hiroyuki Hata

Law and Contemporary Problems

No abstract provided.