Law Commons^™

Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …

Women, Democracy, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

This paper explores the status of women’s participation in our democracy, in response to both the commemoration of the Nineteenth Amendment’s centennial and the deep misogyny aimed at women holding formal political power during the current pandemic. The paper explores the connection between constitutional design and the level of women's participation in democratic governance. It suggests that the robust participation of women in our democracy is not only morally right, but that such parity is central to both the legitimacy of the state and its continued existence. The paper begins by describing the state of women’s participation in formal and …

Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher

Maryland Law Review Online

No abstract provided.

Gender And The Structural Constitution, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Citizens United And Taxable Entities: Will Taxable Entities Be The New Stealth Dark Money Campaign Organizations?, Donald B. Tobin

Faculty Scholarship

The electoral process in the United States is going through a major transition as money increasingly pours into non-candidate independent groups (“IGs”). Before 2000, IGs could engage in significant electoral advocacy without having to disclose the IG’s donors or its expenditures. Congress sought to address the lack of disclosure by requiring section 527 political organizations to disclose their contributions and expenditures. IGs quickly sought an alternative organizational form for engaging in political advocacy. The alternative organizational form of choice has been the tax-exempt section 501(c)(4) social welfare organization.

In a 2007 article, I explored whether such tax-exempt entities would be …

Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly

Schmooze 'tickets'

No abstract provided.

Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.

To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.

Hungary: An Election In Question, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.

The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith

Schmooze 'tickets'

No abstract provided.

What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff

Schmooze 'tickets'

No abstract provided.

The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson

Schmooze 'tickets'

In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but …

Are Elections Necessary?, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout

Schmooze 'tickets'

This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.

Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii

Schmooze 'tickets'

No abstract provided.

The Idea Of Democracy In The Early Republic, Keith Whittington

Schmooze 'tickets'

No abstract provided.

"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore

Schmooze 'tickets'

No abstract provided.

Why Campaign Finance Matters, Prithviraj Datta

Schmooze 'tickets'

Due to the combination of a host of factors – among them being the Supreme Court decision in the case of Citizens United v FEC, the not-entirely-unrelated explosion of Super PACs as a political force in electoral politics, and the tremendous increase in the amounts that candidates and parties have been spending in their campaign efforts – the issue of campaign finance has, once again, rise to prominence in scholarly and public debate. Unsurprisingly, given the highly polarized and divisive political environment in which we live, the debate over campaign finance is characterized by a sharp cleavage of opinion …

Compulsory Voting, Howard Schweber

Schmooze 'tickets'

No abstract provided.

Abolish Districts, Corinna Barrett Lain

Schmooze 'tickets'

No abstract provided.

Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin

Schmooze 'tickets'

No abstract provided.

Powers And Rights In Shelby County V. Holder, Corey Brettschneider

Schmooze 'tickets'

No abstract provided.

Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers

Schmooze 'tickets'

No abstract provided.

The Problem Of Voter Fraud, Michael D. Gilbert

Schmooze 'tickets'

No abstract provided.

Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg

Schmooze 'tickets'

No abstract provided.

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Faculty Scholarship

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides have missed the more …

Campaign Disclosure And Tax-Exempt Entities: A Quick Repair To The Regulatory Plumbing, Donald B. Tobin

Faculty Scholarship

This article argues that there are some quick regulatory fixes the Treasury can implement to ensure that tax-exempt organizations are operating within the rules and that aggressive tax planning is not being used as a way to obfuscate rules for political organizations requiring disclosure. The article recommends that Treasury promulgate new regulations to require disclosure by tax-exempt entities of expenditures and contributions in excess of $25,000. The article also proposes that Treasury institute procedures to require tax-exempt organizations to file for exempt status, and to provide procedures for ensuring that these organizations meet the requirements in the statute and are …

Citizens United V. Fec: Departure From Precedent Opens The Gate To "Phantom" Political Speakers, Esther Houseman

Maryland Law Review Online

No abstract provided.