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Articles 1 - 27 of 27
Full-Text Articles in Election Law
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund Stieger
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund Stieger
Upper Level Writing Requirement Research Papers
The American public witnesses hundreds, if not thousands, of violations of the Hatch Act—an administrative law designed to keep partisan politics out of Government—each year. This study aimed to determine whether there is a correlation between the number of Hatch Act complaints reported in the fiscal year leading up to a Presidential election and how divisive the political landscape is during that Presidential election. Political divisiveness was defined as how close the winning Presidential candidate was to receive fifty percent of the electoral college. To assess the theory that an increase in Hatch Act complaints is an early indicator of …
The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster
The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster
Legislation and Policy Brief
No abstract provided.
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
Legislation and Policy Brief
No abstract provided.
The Decade Of Democracy's Demise, James Sample
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
One Of These Things Is Not Like The Other: Naacp V. Alabama Is Not A Manual For Powerful, Wealthy Spenders To Pour Unlimited Secret Money Into Our Political Process, Erin Chlopak
American University Law Review
No abstract provided.
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
American University Law Review
No abstract provided.
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
American University Law Review
No abstract provided.
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
American University Law Review
No abstract provided.
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
American University Law Review
No abstract provided.
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner
The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner
American University Law Review
The Twenty-Sixth Amendment is commonly understood as lowering the voting age to eighteen. However, a close look at the Amendment's language and history indicates that the Twenty-Sixth Amendment does more than just grant a right. Properly read, the Twenty-Sixth Amendment acts as an antidiscrimination law similar to the Fourteenth, Fifteenth, and Nineteenth Amendments. Accordingly, the Twenty-Sixth Amendment possesses the power not just to invalidate legislation that explicitly contravenes its purpose, but also to neutralize facially neutral legislation that was enacted with a discriminatory intent. Using Fourteenth and Fifteenth Amendment jurisprudence as a guide, this Comment proposes a framework for structuring …
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin B. Raskin
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody
Legislation and Policy Brief
It’s Election Night 2016. Brian Williams stands by at NBC, waiting to give the first returns of the night. “Kentucky to Christie,” Williams triumphantly announces to kick off the evening’s festivities. Kentucky turns flush red on NBC’s virtual election map. Williams continues: “Maryland to Clinton.” Now comes the hard part for Williams. Clinton won Maryland by an incredible two-to-one margin. NBC viewers intently watch the map, expecting to see the Old Line State turn blue. Instead, Maryland sits idly in its static grey color. This election has something new.
Confused NBC viewers keep watching, waiting for Williams to provide an …
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
American University Law Review
There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …
Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh
American University Law Review
No abstract provided.
The Gerrymandering Orgy Begins, Herman Schwartz
Making A List And Checking It Twice, David Spratt
Making A List And Checking It Twice, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Defending The Majoritarian Court, Amanda Frost
Defending The Majoritarian Court, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Countering The Majoritarian Difficulty, Amanda Frost
Countering The Majoritarian Difficulty, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, however, is that judicial elections are firmly entrenched in thirty-eight states, and thus appear to be a permanent part of the legal landscape. This article suggests that the so-called “majoritarian difficulty” posed by elected judges can be tempered by regular interactions with appointed, life-tenured federal judges, who are …
One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sit Down And Count The Cost: A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff
Sit Down And Count The Cost: A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
Section 501(c)(3) of the Internal Revenue Code prohibits charities from intervening in a political campaign for or against a candidate for public office. The IRS currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501(c)(3) affiliates.
This article argues that the current IRS enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign-intervention. A constitutional interpretation exists under the current statutory framework, but it would require the IRS to shift its focus exclusively to campaign-intervention-related expenditures. The …
Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker
The Modern American
No abstract provided.
Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel
Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
When Congress Just Says No: Deterrence Theory And The Inadequate Enforcement Of The Federal Election Campaign Act, Michael W. Carroll
When Congress Just Says No: Deterrence Theory And The Inadequate Enforcement Of The Federal Election Campaign Act, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Articles in Law Reviews & Other Academic Journals
No abstract provided.