Civil Rights and Discrimination Commons^™

Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt

William & Mary Law Review

The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.

This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …

Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson

Pepperdine Law Review

No abstract provided.

The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross

Bertrall L Ross

No abstract provided.

The Costs And Elusive Gains Of Creating Complementarities Between Party And Popular Democracy, Bertrall L. Ross

Bertrall L Ross

No abstract provided.

Reasonable Restrictions On The Franchise: Georgia's Voter Identification Act Of 2006, Joseph M. Colwell

Mercer Law Review

In Democratic Party of Georgia, Inc. v. Perdue, the Georgia Supreme Court declared constitutional the Voter Identification Act of 2006 (2006 Act), insofar as it required registered Georgia voters to present valid photo identification at the polls when voting in person in any Georgia election. The 2006 Act was the most recent amendment in a series of iterations of section 21-2-417 of the Official Code of Georgia Annotated (O.C.G.A.)-the provision of the Georgia code imposing certain polling requirements for in-person voting. Each version of the law has generated much controversy as to polling and voting requirements in Georgia, and …

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts

Pepperdine Law Review

No abstract provided.

Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns

Catholic University Law Review

No abstract provided.

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

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.

Democrats At Doj: Why Partisan Use Of The Voting Rights Act Might Not Be So Bad After All, Ellen D. Katz

Articles

In notable ways, the ongoing dispute over redistricting in Texas offers a mirror image to one of the major redistricting battles of the last decade, only with Democratic and Republican roles reversed. In both Texas v. United States and Georgia v. Ashcroft, a state attorney general (AG) decided he would not ask the United States Department of Justice (DOJ) to approve new redistricting plans enacted in his state. In both cases, the state AGs were well aware that the Voting Rights Act (VRA) required them to obtain federal approval, known as preclearance, before changing any aspect of their state's election …

On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz

Articles

The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely …