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2006

Election Law

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Articles 1 - 30 of 49

Full-Text Articles in Law

Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey Dec 2006

Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey

Michigan Law Review

Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.


Can Direct Democracy Be Made Deliberative, Ethan J. Leib Dec 2006

Can Direct Democracy Be Made Deliberative, Ethan J. Leib

Buffalo Law Review

No abstract provided.


Election Law, Christopher R. Nolen Nov 2006

Election Law, Christopher R. Nolen

University of Richmond Law Review

Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.


A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter Oct 2006

A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter

University of Michigan Journal of Law Reform

This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting ...


Section 8: Election Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2006

Section 8: Election Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


The Seductive Comparison Of Shareholder And Civic Democracy, Usha Rodrigues Sep 2006

The Seductive Comparison Of Shareholder And Civic Democracy, Usha Rodrigues

Scholarly Works

This Comment takes the common comparison of shareholder democracy and political democracy in a new direction by exploring the parallels between the board of directors and the Electoral College, examining both institutions in light of the differences between nation and corporation and their contrasting histories. Both are "once removed" representative democracies, because both systems only give the voters the right to vote for representatives who then select those who actually govern. The Comment next considers, with a critical eye, the underlying premise that shareholder and civic democracies can be compared at all, given the radically different nature of the corporate ...


The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily Jun 2006

The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily

Faculty Scholarship at Penn Law

This forthcoming book chapter defines the problem of diminished political competition, describes the relevant legal analogies concerning regulation of economic competition, and explains how the law shapes the competitive environment for elections. It also details how Supreme Court justices have sometimes tried to incorporate competitiveness concerns into their election law decisions in cases concerning ballot access, redistricting, campaign finance, party reform, and term limits. For the most part, constitutional law proves to be both a blunt and a coarse instrument for addressing excesses of partisan greed or self-interest, but justices of varying ideological leanings have invoked such concerns (usually in ...


Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.


Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr. Apr 2006

Georgia Photo Id Requirement: Proof Positive Of The Need To Extend Section 5, David H. Harris Jr.

North Carolina Central Law Review

No abstract provided.


Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn Mar 2006

Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos Jan 2006

The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


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.


Getting The Math Right, Paul H. Edelman Jan 2006

Getting The Math Right, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Over the last 40 years of one person, one vote jurisprudence, the Supreme Court has distilled a stable and predictable test for resolving the basic numerical issue in equal representation: how much population difference between districts is permissible? Yet there remains one area of representation into which the Court has refused to venture: apportionment of Congress. In its only opinion on the mechanics of the decennial of apportionment, the Court deferred to Congress. It deferred because, unlike districting, it could not find a single workable measure for apportionment. But the reason it could not find such a measure was that ...


Fifth Annual Henry Lecture: The Promise And Perils Of Hybrid Democracy, Elizabeth Garrett Jan 2006

Fifth Annual Henry Lecture: The Promise And Perils Of Hybrid Democracy, Elizabeth Garrett

Oklahoma Law Review

No abstract provided.


Litigating Bush V. Gore In The States: Dual Voting Systems And The Fourteenth Amendment, Richard B. Saphire, Paul Moke Jan 2006

Litigating Bush V. Gore In The States: Dual Voting Systems And The Fourteenth Amendment, Richard B. Saphire, Paul Moke

Villanova Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter Jan 2006

Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter

American Indian 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 ...


Wandering Lonely As A Cloud: National Citizenship And The Case For Non-Territorial Election Districts (Review Essay), James A. Gardner Jan 2006

Wandering Lonely As A Cloud: National Citizenship And The Case For Non-Territorial Election Districts (Review Essay), James A. Gardner

Book Reviews

Review of Andrew Rehfeld, The Concept of Constituency: Political Representation, Democratic Legitimacy, and Institutional Design.


Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith Jan 2006

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith

Kentucky Law Journal

No abstract provided.


The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller Jan 2006

The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller

Kentucky Law Journal

No abstract provided.


Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies Jan 2006

Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies

Florida A & M University Law Review

No abstract provided.


Introduction, Charles P. Sabatino, Edward D. Spurgeon Jan 2006

Introduction, Charles P. Sabatino, Edward D. Spurgeon

McGeorge Law Review

No abstract provided.


Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan Jan 2006

Framing The Voting Rights Claims Of Cognitively Impaired Individuals, Pamela S. Karlan

McGeorge Law Review

No abstract provided.


Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law Jan 2006

Recommendations Of The Symposium, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker Jan 2006

Absentee Voting By People With Disabilities: Promoting Access And Integrity, Daniel P. Tokaji, Ruth Colker

McGeorge Law Review

No abstract provided.


Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker Jan 2006

Technology Of Access: Allowing People Of Age To Vote For Themselves, The, Ted Selker

McGeorge Law Review

No abstract provided.


Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz Jan 2006

Voting And Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz

McGeorge Law Review

No abstract provided.


Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie Jan 2006

Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Domestic Nations, Jason H. Karlawish, Richard J. Bonnie

McGeorge Law Review

No abstract provided.


Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum Jan 2006

Defining And Assessing Capacity To Vote: The Effect Of Mental Impairment On The Rights Of Voters, Sally Balch Hurme, Paul S. Appelbaum

McGeorge Law Review

No abstract provided.