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Articles 1 - 5 of 5

Full-Text Articles in Law

A System Of Wholesale Denial Of Rights, Michael E. Tigar Jan 2007

A System Of Wholesale Denial Of Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jan 2007

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Mandatory Constitutions, Paul D. Carrington Jan 2007

Mandatory Constitutions, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Democracy And Distortion, Guy-Uriel Charles Jan 2007

Democracy And Distortion, Guy-Uriel Charles

Faculty Scholarship

This Article contends that judicial supervision of excessive manipulation of electoral lines for partisan purposes - political gerrymandering - may be justified in a mature democracy. The Article responds to the debate among courts and commentators over whether political gerrymandering presents any constitutionally relevant harms and, further, whether courts may be able to resolve the structural issues presented by political gerrymandering claims. Drawing from political theory and political science, this Article develops a theory of institutional distortion and provides a justification for aggressive judicial review of questions of democratic governance. The Article does not argue that the United States Supreme Court should ...


Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz Jan 2007

Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz

Faculty Scholarship

The alternative vote (AV) is a preferential electoral system that tends to reward political moderation and compromise. Fraenkel and Grofman have repeatedly attempted to show that AV is not conducive to inter-ethnic moderation in severely divided societies. In this response to their latest attempt,the author points out that neither political party coordination of the vote nor strategic voting plays any part in their analysis. In contrast, he explains how moderate parties of one ethnic group are able to induce their supporters to cast ballots for moderate parties supported by voters of another ethnic group. Prof. Horowitz also explains why ...