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Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool Jan 2017

Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool

Washington University Global Studies Law Review

During the twentieth century, the world witnessed a series of regime changes. Dictatorships, military coups, and fascist governments were rejected in favor of democratic values and principles. This change in governance seems to have continued into the twenty-first century, albeit with some major challenges in the implementation of a democratic system in States. One of the more alarming trends has been exiled leaders returning to their State to contest national elections despite facing serious criminal charges. This causes the developing democratic State’s legitimacy of governance, free and fair elections, accountability, and transparency to be threatened. Fragile States struggling to ...


After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour Jan 2017

After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour

Washington University Journal of Law & Policy

This Note traces the consequences of the Supreme Court’s decision in Shelby County v. Holder, which held unconstitutional the preclearance formula of the Voting Rights Act that required some states and counties to obtain federal authorization before changing voting procedures. Armour traces the history of the Voting Rights Act and the role independent commissions can play in ensuring that such facially neutral procedures do not have a disparate impact on minority communities. Armour advocates for independent commissions to take the place left empty by the Supreme Court’s rejection of the old preclearance formula suggesting that these commissions are ...


(Mis)Trusting States To Run Elections, Joshua A. Douglas Jan 2015

(Mis)Trusting States To Run Elections, Joshua A. Douglas

Washington University Law Review

Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to state laws regarding election administration, thereby giving states tremendous power to regulate elections. At the same time, the Court has diminished Congress’s oversight role. That is a mistake. Placing too much power in states to administer elections is both constitutionally wrong and practically dangerous.

During the past few years the Court has considered many controversial election-related issues, from voter identification to campaign finance to race relations and the Voting Rights Act. The majorities in these ...


The Conventional Option, Gregory Koger, Sergio J. Campos Jan 2014

The Conventional Option, Gregory Koger, Sergio J. Campos

Washington University Law Review

The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the “conventional option,” which allows the filibuster to be reformed by a simple majority of senators at any time using ordinary Senate procedures. As we show below, a majority of senators using the conventional option (1) cannot be filibustered; (2) can act on any day the Senate is in session (not just at the beginning ...


Mr. Emanuel Returns From Washington: Durational Residence Requirements And Election Litigation, Gavin J. Dow Jan 2013

Mr. Emanuel Returns From Washington: Durational Residence Requirements And Election Litigation, Gavin J. Dow

Washington University Law Review

In the heat of the 2011 Chicago mayoral campaign, an appellate court in Illinois ordered the name of front-runner Rahm Emanuel, a former congressman and White House Chief of Staff, stricken from the ballot based on its determination that Emanuel had not been a Chicago resident for the one year preceding election day. The election was thrown into turmoil less than a month before voters were to go to the polls to elect the successor to the long-serving Mayor Richard M. Daley. The decision ignited a firestorm of condemnation that was fueled in part by a vigorous and visceral dissenting ...


Linking The Questions: Judicial Supremacy As A Matter Of Constitutional Interpretation, Tabatha Abu El-Haj Jan 2012

Linking The Questions: Judicial Supremacy As A Matter Of Constitutional Interpretation, Tabatha Abu El-Haj

Washington University Law Review

This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account of the practice of constitutional interpretation. Without a clear sense of what constitutional interpretation involves, one cannot assess the prevailing assumption that the Supreme Court is uniquely positioned to interpret the Constitution or explore an expertise-based justification for its claim to finality. This Article, therefore, revisits the debate about judicial supremacy by starting, not with history or politics, but with constitutional interpretation itself. Having explored the conventions of argument that constitute the practice of constitutional interpretation ...


The Speaker The Court Forgot: Re-Evaluating Nlra Section 8(B)(4)(B)'S Secondary Boycott Restrictions In Light Of Citizens United And Sorrell, Zoran Tasić Jan 2012

The Speaker The Court Forgot: Re-Evaluating Nlra Section 8(B)(4)(B)'S Secondary Boycott Restrictions In Light Of Citizens United And Sorrell, Zoran Tasić

Washington University Law Review

In the staggeringly unpopularCitizens United v. Federal Election Commission decision, the Supreme Court overruled precedent and struck down a federal law that placed restrictions on campaign spending by corporations and unions. Justice Stevens, writing for the dissent, observed that “[t]he basic premise underlying the Court’s ruling is . . . the proposition that the First Amendment bars regulatory distinction based on a speaker’s identity, including its ‘identity’ as a corporation.” Several commentators have argued that this basic premise will lead to the erosion or even the complete abandonment of the commercial speech doctrine, which holds that commercial speech—“speech ...


Underrepresentative Democracy: Why Turkey Should Abandon Europe's Highest Electoral Threshold, Sinan Alkin Jan 2011

Underrepresentative Democracy: Why Turkey Should Abandon Europe's Highest Electoral Threshold, Sinan Alkin

Washington University Global Studies Law Review

The Article focuses on the arguments for Turkey to reform its election laws for creating a better democratic system. It further suggests for the reforms in the electoral threshold by 5 percent. It concludes by providing alternatives to the current threshold which includes the systems used in other European states and those specific for Turkey.


Concerning The Japanese Public's Evaluation Of Supreme Court Justices, Tokuji Izumi Jan 2011

Concerning The Japanese Public's Evaluation Of Supreme Court Justices, Tokuji Izumi

Washington University Law Review

The Article focuses on the author's views concerning the decision of the Japanese Supreme Court towards the election of members in the House of Representatives and the House of Councilors. It highlights the Japanese Election Law which regulates the election of members in the Upper and Lower Houses. It stresses the disparities in voting power in large cities which violate the equality guarantee of the Japanese Constitution.


Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll D. Cashin Jan 2006

Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll D. Cashin

Washington University Journal of Law & Policy

In this Essay I reflect on the impact of the Voting Rights Act (“the Act”) and what growing racial diversity portends for American democracy in the twenty-first century. The enduring quandary of the Act, in my view, is that it attempts to ensure meaningful political participation for the traditionally disenfranchised while operating against a backdrop of still-divisive race relations. The historic cleavage between blacks and whites in the South remains a centuries-old conundrum, familiar to any student of American politics. Such racial divides are less pronounced nationally. But it remains the case that race and political affiliation are substantially correlated ...


Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris Jan 2006

Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris

Washington University Law Review

No abstract provided.


De-Rigging Elections: Direct Democracy And The Future Of Redistricting Reform, Michael S. Kang Jan 2006

De-Rigging Elections: Direct Democracy And The Future Of Redistricting Reform, Michael S. Kang

Washington University Law Review

I propose direct democracy as the best solution, a distinctly political solution, to the problems of contemporary gerrymandering. By requiring direct democratic approval by the general electorate for passage of any statewide redistricting plan, direct democracy invites the public into civic engagement about the fundamental issues of democratic governance that a democracy ought to embrace. In Part II, I briefly describe redistricting reform efforts to transfer greater responsibility for redistricting to apolitical institutions, namely courts and independent commissions. In Part III, I argue that these efforts to insulate redistricting from politics are badly misguided. I contend that redistricting, as a ...


If You Are A Good Christian You Have No Business Voting For This Candidate: Church Sponsored Political Activity In Federal Elections, Kelly S. Shoop Jan 2005

If You Are A Good Christian You Have No Business Voting For This Candidate: Church Sponsored Political Activity In Federal Elections, Kelly S. Shoop

Washington University Law Review

No abstract provided.


Gambling With Democracy: The Help America Vote Act And The Failure Of The States To Administer Federal Elections, R. Bradley Griffin Jan 2004

Gambling With Democracy: The Help America Vote Act And The Failure Of The States To Administer Federal Elections, R. Bradley Griffin

Washington University Law Review

No abstract provided.


The Other Election Controversy Of Y2k: Core First Amendment Values And High-Tech Political Coalitions, Marc John Randazza Jan 2004

The Other Election Controversy Of Y2k: Core First Amendment Values And High-Tech Political Coalitions, Marc John Randazza

Washington University Law Review

As the 2000 campaign reached its climax, some renegade supporters of Green Party candidate Ralph Nader countered critics’ charges that they were “handing the election to Bush” by creating websites encouraging vote-swapping. The theory of this practice was: A Nader supporter in a hotly contested state would agree to vote for Al Gore if a Gore supporter in an uncontested state would vote for Ralph Nader. The object was to help deliver five percent of the popular vote to the Green Party (so that the Greens would receive federal matching funds for the 2004 presidential election) while simultaneously working to ...


The Bipartisan Campaign Reform Act, Political Parties, And The First Amendment: Lessons From Missouri, D. Bruce La Pierre Jan 2002

The Bipartisan Campaign Reform Act, Political Parties, And The First Amendment: Lessons From Missouri, D. Bruce La Pierre

Washington University Law Review

In Shrink Missouri Government PAC v. Nixon (Shrink Missouri) and FEC v. Colorado Republican Federal Campaign Committee (Colorado II), the Supreme Court tipped the First Amendment balance in favor of government regulation and against political speech and association. The Eighth Circuit’s recent decision upholding Missouri limits on campaign contributions made by state political parties to their candidates demonstrates how heavily the scales are weighted in favor of regulation. If protection of political speech really is at the core of the First Amendment, then the Court must put the burden of justifying campaign contribution limits—like the burden of ...


The Modern Corporation And Campaign Finance: Incorporating Corporate Governance Analysis Into First Amendment Jurisprudence, Thomas W. Joo Jan 2001

The Modern Corporation And Campaign Finance: Incorporating Corporate Governance Analysis Into First Amendment Jurisprudence, Thomas W. Joo

Washington University Law Review

This Article argues that the First Amendment analysis of corporate campaign finance regulations, such as those in Senate Bill 27, should recognize the institutional peculiarities of business corporations. Courts have sometimes treated business corporations as if they were identical to individuals for constitutional purposes. But political spending by corporations should be distinguished from the political spending of individuals (and from that by labor unions and nonprofit organizations). Despite the tendency to treat corporations like individuals, courts have at other times upheld special restrictions on corporations based on the naked assertion that states have special power to regulate corporations. The First ...


Raising A New First Amendment Hurdle For Campaign Finance “Reform”, D. Bruce La Pierre Jan 1998

Raising A New First Amendment Hurdle For Campaign Finance “Reform”, D. Bruce La Pierre

Washington University Law Review

Proposals to regulate campaign contributions and candidates' spending invariably fly the banner of campaign finance "reform." The reformers, however, frequently have little or no evidence that particular campaign practices cause any real harm. Instead, they simply posit the existence of the disease-the corrosive effects of money on the political process-and assume that restrictions on the use of money will provide the cure. In Missouri, for example, both the legislature and the voters enacted laws in 1994 that set limits on political contributions to candidates and on candidates' campaign expenditures. These laws imposed substantial burdens on political speech and association, but ...


Truth And Probability—Ironies In The Evolution Of Social Choice Theory, Cheryl D. Block Jan 1998

Truth And Probability—Ironies In The Evolution Of Social Choice Theory, Cheryl D. Block

Washington University Law Review

Social choice theory explores the ways in which individual preferences or choices translate into group choices. One of the most devastating discoveries of social choice theory is sometimes known as the "voting paradox," brought back to modem consciousness by economist, Kenneth Arrow, in his famous work entitled Social Choice and Individual Values. Roughly stated, the paradox is that voting in situations involving more than a simple, binary choice will not always reveal the true decision of a decision-making body. The motivation for this Article is to understand how and why, having discovered the voting paradox in 1785, Condorcet actually became ...


The Effects Of The Voting Rights Act: A Case Study, Jeffrey D. Mcmillen Jan 1994

The Effects Of The Voting Rights Act: A Case Study, Jeffrey D. Mcmillen

Washington University Law Review

No abstract provided.


The Constitutionality Of Restrictions On Corporate Political Contributions, J. Patrick Bradley Jan 1991

The Constitutionality Of Restrictions On Corporate Political Contributions, J. Patrick Bradley

Washington University Law Review

No abstract provided.


Regulating Election Projections: A Conflict Of Guarantees, Meribeth Richardt Jan 1985

Regulating Election Projections: A Conflict Of Guarantees, Meribeth Richardt

Washington University Law Review

No abstract provided.


The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Jan 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Washington University Law Review

No abstract provided.


Hobbs Act May Prohibit A Conspiracy By Candidates For Public Office, United States V. Meyers, 529 F.2d 1033 (7th Cir. 1976) Jan 1977

Hobbs Act May Prohibit A Conspiracy By Candidates For Public Office, United States V. Meyers, 529 F.2d 1033 (7th Cir. 1976)

Washington University Law Review

No abstract provided.


Judicial Myth And Reality, Wesley G. Skogan Jan 1971

Judicial Myth And Reality, Wesley G. Skogan

Washington University Law Review

We use the term “legitimacy” here in a special way: legitimacy is the willingness of people, for a variety of reasons, to defer to the decisions of judges—even if they lose. People may so defer (grant legitimacy) because they feel that the law in their case was fair and impartial, or, if they do not like the law, because the judge appeared to exercise his discretion to look out for their interests. They may defer because the law in point is politically determined and amenable to change, or because in its application the judge applied generous measures of common ...


A Political Scientist And Voting-Rights Litigation: The Case Of The 1966 Texas Registration Statute, Walter Dean Burnham Jan 1971

A Political Scientist And Voting-Rights Litigation: The Case Of The 1966 Texas Registration Statute, Walter Dean Burnham

Washington University Law Review

It is not the purpose of this Article to deal at length with the evolution of judicial doctrine and legislative action affecting voting rights. Rather, I shall attempt a sketch of two things here: the background and implications of a recently decided case in which a state’s personal-registration statute was struck down by a federal court, and my own involvement in the case.


Literacy Tests, The Fourteenth Amendment, And District Of Columbia Voting: The Original Intent, Alfred Avins Jan 1965

Literacy Tests, The Fourteenth Amendment, And District Of Columbia Voting: The Original Intent, Alfred Avins

Washington University Law Review

On August 6, 1965 the President signed into the law the Voting Rights Act of 1965. Section 4(e), purporting to secure fourteenth amendment rights, prohibits the states from requiring literacy tests in the English language as a voter qualification if the applicant is literate in another language learned in an American flag school. This provision was designed principally to extend the right to vote to Spanish-speaking natives of Puerto Rico who had moved to New York City although they were unable to comply with New York State's English language literacy test.

Inasmuch as this statute is the first ...


Judicial Attitude Toward Political Question Doctrine: The Gerrymander And Civil Rights Jan 1960

Judicial Attitude Toward Political Question Doctrine: The Gerrymander And Civil Rights

Washington University Law Review

No abstract provided.