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Articles 1 - 8 of 8
Full-Text Articles in Civil Rights and Discrimination
Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Luis Fuentes-Rohwer, Guy-Uriel Charles
Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
In this brief history of race and voting in the United States, we look at five distinctive yet interrelated moments. The first is the founding period, a moment when the framers put our constitutional structure in place and set the initial federalist calculus in favor of the existing states. This is perhaps the most important moment in the story. The framers chose to allow the states to define the criteria for voting qualifications for federal elections. Instead of uniformity and centralization, they opted for diversity and decentralization. This is a choice that reverberates to this day. The second moment is …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
This article explores the Supreme Court's new racial gerrymandering cases and argue that those cases are on a collision course with Section 2 of the VRA. We revisit the Shaw line of cases and explain that the Shaw cases were more sympathetic to the representational rights of voters of color than are the new racial gerrymandering cases. This is primarily because the Shaw cases made room within the doctrine for the state to pursue descriptive representation for voters of color. We argue that new racial gerrymandering cases are inimical to descriptive representation. To the extent that voting rights scholars and …
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
No abstract provided.
The Voting Rights Act In Winter: The Death Of A Superstatute, Luis Fuentes-Rohwer, Guy-Uriel Charles
The Voting Rights Act In Winter: The Death Of A Superstatute, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
The Voting Rights Act ("VRA "), the most successful civil rights statute in American history, is dying. In the recent Shelby County decision, the U.S. Supreme Court signaled that the anti-discrimination model, long understood as the basis for the VRA as originally enacted, is no longer the best way to understand today's voting rights questions. As a result, voting rights activists need to face up to the fact that voting rights law and policy are at a critical moment of transition. It is likely the case that the superstatute we once knew as the VRA is no more and is …
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
There are two ways to read the Supreme Court's decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This article discusses the history, present, and possible future of the Voting Rights Act.
Justice Kennedy To The Rescue?, Luis Fuentes-Rohwer
Justice Kennedy To The Rescue?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.