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Full-Text Articles in Law

A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas Nov 2018

A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas

William & Mary Law Review

Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his …


Section 2: The Court And The 2016 Election, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2016

Section 2: The Court And The 2016 Election, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Neutral Principles And Some Campaign Finance Problems, John O. Mcginnis Feb 2016

Neutral Principles And Some Campaign Finance Problems, John O. Mcginnis

William & Mary Law Review

This Article has both positive and normative objectives. As a positive matter, it shows that the Roberts Court’s campaign finance regulation jurisprudence can be best explained as a systematic effort to integrate that case law with the rest of the First Amendment, making the neutral principles refined in other social contexts govern this more politically salient one as well. It demonstrates that the typical Roberts Court majority in campaign finance cases follows precedent, doctrine, and traditional First Amendment theory, while the dissents tend to carve out exceptions at each of these levels.

As a normative matter, it argues that following …


Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2015

Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2012

Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2008

Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


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

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

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No abstract provided.


Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 3: The 2000 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 9: The Court And The 2000 Election, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 9: The Court And The 2000 Election, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins Jan 1984

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Faculty Publications

No abstract provided.