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Civil Rights and Discrimination Commons™
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- Race (3)
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- Anderson v. Celebrezze (Supreme Court case) (1)
- Burdick v. Takushi; 112 S. Ct. 2059 (1992) (1)
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Articles 1 - 11 of 11
Full-Text Articles in Civil Rights and Discrimination
Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
William & Mary Bill of Rights Journal
COVID-19 has wreaked havoc on so much of our lives, including how to run our elections. Yet the federal courts have refused to respond appropriately to the dilemma that many voters faced when trying to participate in the 2020 election. Instead, the courts—particularly the U.S. Supreme Court and the federal appellate courts—invoked a narrow test that unduly defers to state election administration and fails to protect adequately the fundamental right to vote.
In constitutional litigation, a law usually must satisfy a two-part test: (1) does the state have an appropriate reason for the law and (2) is the law properly …
Fighting A New Wave Of Voter Suppression: Securing College Students’ Right To Vote Through The Twenty-Sixth Amendment’S Enforcement Clause, Ryan D'Ercole
Washington and Lee Law Review
Throughout the 1960s, young people protested for racial and LGBTQ+ equality, women’s rights, and an end to the Vietnam war. In the process, they earned the most fundamental right— the right to vote.
Fifty years ago, in the summer of 1971, the Twenty-Sixth Amendment was ratified. In addition to lowering the voting age to eighteen, the Twenty-Sixth Amendment prescribed that the right to vote “shall not be denied or abridged by the United States or by any State on account of age.” But in the fifty years since ratification, states have continued to enact laws that abridge the right to …
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
Washington Law Review
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.
But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
Georgia Law Review
This Essay describes the “voting rights paradox”—the fact
that despite America’s professed commitment to universal
enfranchisement, voting rights legislation throughout U.S.
history has arisen in some states to serve antidemocratic,
exclusionary ends. This Essay argues that this contradiction
comes into focus when the right to vote is understood as having
as an ideological driving force based on worthiness for
admission to the franchise. This ideology of worthiness persists
because the right to vote is dependent on political decisions left
to the political branches and the majority’s willingness to allow
propaganda to influence the scope of the franchise.
Ultimately, this Essay …
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Georgia Law Review
The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College …
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …
Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson
Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson
Marquette Intellectual Property & Innovation Law Review
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Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Publications
Capitalizing on recent advances in algorithmic sampling, The Race-Blind Future of Voting Rights explores the implications of the long-standing conservative dream of certified race neutrality in redistricting. Computers seem promising because they are excellent at not taking race into account—but computers only do what you tell them to do, and the rest of the authors’ apparatus for measuring minority electoral opportunity failed every check of robustness and numerical stability that we applied. How many opportunity districts are there in the current Texas state House plan? Their methods can give any answer from thirty-four to fifty-one, depending on invisible settings. But …
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.