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Full-Text Articles in Law
Voting Rights Or Voting Entitlements?, James J. Sample
Voting Rights Or Voting Entitlements?, James J. Sample
Hofstra Law Faculty Scholarship
It took nearly 100 years after the United States gained its independence for African American men to secure the right to vote, and almost 150 years for African American women. A right perceived—though not de facto honored—as fundamental for all Americans today was fought for in a war less than two centuries ago, costing 620,000 lives. The country quite literally divided over the idea that African Americans should be afforded basic human rights. Today, resistance to the franchise—to what the mythology of America 'stands for'—is not remotely erased, but rather, newly emboldened, even if it masquerades under more obfuscating terminology. …
One Person, One Weighted Vote, Ashira Pelman Ostrow
One Person, One Weighted Vote, Ashira Pelman Ostrow
Hofstra Law Faculty Scholarship
This Article argues that weighted voting should be used to comply with the constitutional one-person, one-vote requirement while preserving representation for political units on the legislative body. First, this Article demonstrates that weighted voting satisfies the quantitative one-person, one-vote requirement by equalizing the mathematic weight of each vote. Second, this Article demonstrates that weighted voting has the potential to remedy several negative consequences of equal-population districts. Specifically, this Article argues that by preserving local political boundaries, weighted voting eliminates the decennial redistricting process that gives rise to claims of partisan gerrymandering, enables local governments to function both as administrative arms …
The Electorate As More Than Afterthought, James Sample
The Electorate As More Than Afterthought, James Sample
Hofstra Law Faculty Scholarship
The article suggests the restoration of voting rights to individuals who, due to felony convictions in the country; discusses the applications of the U.S. Voting Rights Act; and reports the micro-proposals involving the expansion of access to the polls in the country as of October 2015.