Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (21)
- University of Baltimore Law (4)
- Duke Law (3)
- Seattle University School of Law (3)
- St. John's University School of Law (3)
-
- University of Colorado Law School (2)
- Boston University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Georgia School of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Western New England University (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 45 of 45
Full-Text Articles in Election Law
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Faculty Scholarship
The Author critiques the Supreme Court’s analysis in its Shelby County v. Holder decision, which found the preclearance requirement of the Voting Rights Act unconstitutional by applying a disparate treatment analysis to how States were treated under the Act. Such a reading of the Act makes a number of tacit and explicit assumptions with regard to the choice by the Federal Government and by the States of whose rights governmental actors must protect. The Court reached its conclusion by decontextualizing the Civil Rights movement and the Voting Rights Act from decolonization and post-World War II expressions of human rights, a …
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
Catholic University Law Review
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Publications
The current legal framework for protecting voting rights in the United States has been dramatically destabilized by Supreme Court decisions re-interpreting the protections against minority vote dilution and requires rethinking to survive modern challenges. At the same time, the nation has itself undergone dramatic changes in the racial composition of its polity and in the complexity and salience of race as a factor in political life. In this paper, we focus on a relatively unexamined constituent of this complex reality of modern racial diversity that illustrates some of the core features that all minority groups face in continuing VRA challenges: …
The First Amendment, Equal Protection, And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
The First Amendment, Equal Protection, And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
Faculty Publications
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally and independently a legislative judgment as to which citizen's ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court's fundamental rights jurisprudence when it is motivated by a desire to …
The Causal Context Of Disparate Vote Denial, Janai S. Nelson
The Causal Context Of Disparate Vote Denial, Janai S. Nelson
Faculty Publications
For nearly fifty years, the Voting Rights Act of 1965 ("VRA") and its amendments have remedied racial discrimination in the electoral process with unparalleled muscularity. Modern vote denial practices that have a disparate impact on minority political participation, however, increasingly fall outside the VRA's ambit. As judicial tolerance of disparate impact claims has waned in other areas of law, the contours of Section 2, one of the VRA's most powerful provisions, have also narrowed to fit the shifting landscape. Section 2's "on account of race" standard to determine discrimination in voting has evolved from one of quasi-intent determined by a …
Senator Edward Kennedy: A Lion For Voting Rights, Gilda R. Daniels
Senator Edward Kennedy: A Lion For Voting Rights, Gilda R. Daniels
All Faculty Scholarship
Senator Edward Kennedy was considered the Lion of the United States Senate. He was also a Lion for civil rights, fighting for justice and equality. Passion, patience and perseverance all describe Senator Kennedy’s approach to legislation. He worked across the political ideological aisle for the furtherance of civil and human rights. His political perspective was never shaded with shadows of personal benefit.
Throughout his career, Senator Kennedy continued to champion civil rights issues, such as, voting, education, housing, and disability rights. During his almost five decades in the United States Senate, he seized many opportunities to highlight and forward the …
Defining Race: The Obama Phenomenon And The Voting Rights Act, Janai S. Nelson
Defining Race: The Obama Phenomenon And The Voting Rights Act, Janai S. Nelson
Faculty Publications
This piece publishes remarks delivered at a symposium organized by the Albany Law Review and the Albany Journal of Science and Technology exploring the definition of race. The topic, “Defining Race,” is related to the recent presidential election and, in particular, to Barack Obama's successful candidacy to become the first black President of the United States. Rather than deconstruct, redefine, or explore the definition of race, these remarks explore briefly whether race relations in the electoral arena have changed to such a degree that race and race-based remedies are no longer needed, and what evidence from this presidential election would …
Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels
All Faculty Scholarship
In 2000, we witnessed faulty voting machines with hanging chads and dimpled ballots. We also experienced error-filled purges and voter intimidation in minority neighborhoods. Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, voting irregularities and election protection and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act and the National Voter Registration Act, (NVRA), problems persist in the operation of our …
Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels
All Faculty Scholarship
Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, "voting irregularities" and "election protection" and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act, and the National Voter Registration Act, (NVRA), problems persist in the operation of our participatory democracy.
What we have witnessed since 2000, particularly during the 2004 election, gave us some reason to hope but also reason for concern. …
A Vote Delayed Is A Vote Denied: A Proactive Approach To Eliminating Election Administration Legislation That Disenfranchises Unwanted Voters, Gilda R. Daniels
A Vote Delayed Is A Vote Denied: A Proactive Approach To Eliminating Election Administration Legislation That Disenfranchises Unwanted Voters, Gilda R. Daniels
All Faculty Scholarship
In an effort to determine voter eligibility and access to the voting booth, our democratic system has allowed political forces, to develop laws that would meet their aims of either granting or denying access to the franchise. Caught in this web of regulations, practices and procedures is the "unwanted voter" - the disabled, elderly, poor, and minority voter. New millennium models of exclusion, such as overly restrictive identification requirements, unwarranted voter purges, restrictive voter registration rules, increasing costs for underlying documents to support citizenship and eligibility for voting, are creating a caste system in the electoral process. The practice of …
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Touro Law Review
No abstract provided.
Shaw V. Reno: On The Borderline, Emily Calhoun
Thornburg V. Gingles, Lewis F. Powell Jr.
Thornburg V. Gingles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Racial Discrimination And The Right To Vote, Armand Derfner
Racial Discrimination And The Right To Vote, Armand Derfner
Vanderbilt Law Review
Lawyers in voting discrimination cases are fond of quoting Justice Frankfurter's dictum that "the [Fifteenth] Amendment nullifies sophisticated as well as simple-minded modes of discrimination."' Unfortunately for historical accuracy and for the health of our society, this statement simply has been false for most of the century since the passage of that amendment. In the past fifteen years, however, a change has begun, and the right to vote without discrimination has gained substance. This Article is an effort to describe today's law of voting discrimination, and how that law developed. Because the present state of this area is so largely …
The Privilege Of A Negro Citizen To Vote In A Primary
The Privilege Of A Negro Citizen To Vote In A Primary
Indiana Law Journal
Notes and Comments: Constitutional Law