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Articles 1 - 9 of 9
Full-Text Articles in Law
Participation Without Representation: The Meaning Of The Right To Vote After Presley V. Etowah County Commission, 112 S. Ct. 820 (1992), Nancy C. Zaragoza
Participation Without Representation: The Meaning Of The Right To Vote After Presley V. Etowah County Commission, 112 S. Ct. 820 (1992), Nancy C. Zaragoza
Washington Law Review
Section 5 of the Voting Rights Act requires governing entities implementing any new practices "with respect to voting" to first permit such changes to be scrutinized for discriminatory effects. In Presley v. Etowah County Commission, the United States Supreme Court held that a county government's restructuring of power among commissioners did not require scrutiny because the restructuring did not constitute a change with respect to voting. This Note examines Presley and concludes that the Court's decision ignored precedent, created an unreasonable test and misapplied the test. To ensure effective enforcement of the Voting Rights Act, the Court should adopt a …
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Michigan Law Review
This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …
A Negative Incentive Based Proposal For Campaign Finance Reform: Lessons From Nottingham, York Moody Faulkner
A Negative Incentive Based Proposal For Campaign Finance Reform: Lessons From Nottingham, York Moody Faulkner
BYU Law Review
No abstract provided.
Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham
Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham
William & Mary Law Review
No abstract provided.
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Michigan Law Review
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
Michigan Journal of International Law
This article will explore the constitutional debate over alien suffrage in the FRG, both for its own interest and in order to compare it with understandings of alien suffrage in the United States. As the interdependence of national economies deepens and regional "common market" arrangements multiply, more nations (including the United States) may be called upon to rethink the question of alien suffrage. The thoroughness and the explicitness with which the German legal community has debated this issue has brought to the surface arguments and assumptions that remain latent in U.S. commentary on the political status of aliens. Thus, the …
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Articles in Law Reviews & Other Academic Journals
No abstract provided.