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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
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
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Race, Redistricting, And Representation, Guy-Uriel Charles
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
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
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
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
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
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
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
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
Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis
Duke Law Journal
No abstract provided.
Malapportionment Of Representation In The National Diet, Hiroyuki Hata
Malapportionment Of Representation In The National Diet, Hiroyuki Hata
Law and Contemporary Problems
No abstract provided.