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Articles 1 - 4 of 4
Full-Text Articles in Election Law
Visions Of The Republic Symposium: Voting With The Virus: Ensuring Democracy Via Bypassing The Excuse Requirements In Absentee Voting, Russell Spivak
Visions Of The Republic Symposium: Voting With The Virus: Ensuring Democracy Via Bypassing The Excuse Requirements In Absentee Voting, Russell Spivak
Fordham Law Review Online
One of the many difficulties posed by measures undertaken to curb the spread of the COVID-19 pandemic may be an inability to vote. Should this pandemic bleed into the fall, gathering at polling places, for example, would contravene guidelines prohibiting large gatherings particularly in crammed quarters. As such, jurisdictions must act immediately to broaden the use of absentee voting. Unfortunately, seventeen states, either via statute or constitutional provision, presently require an “excuse” to vote absentee. This could theoretically pose a problem insofar as fear of contracting the disease or spreading it to others may or may not qualify. This Article …
Visions Of The Republic Symposium: State Solutions To State Problems: Using State Constitutions To Fight Voter Suppression, Russell Spivak
Visions Of The Republic Symposium: State Solutions To State Problems: Using State Constitutions To Fight Voter Suppression, Russell Spivak
Fordham Law Review Online
Federal action has been undertaken throughout our nation’s history to both quell voter suppression and expand the franchise, countering racist state efforts to restrict the vote. In the face of shrinking federal solutions, those seeking to protect the vote must look for new methods. This Article proposes that advocates look more deeply at state constitutional law and pursue claims in state court to vindicate voting rights, as state constitutional provisions and precedent may provide fertile ground. In advancing this argument, the Article swiftly reviews the history of the federal government’s actions to protect voting throughout our nation’s history as well …
Visions Of The Republic Symposium: The People: A Pre-Primer For Critically Reevaluating Representation & Court Power In The Present, Marvin L. Astrada
Visions Of The Republic Symposium: The People: A Pre-Primer For Critically Reevaluating Representation & Court Power In The Present, Marvin L. Astrada
Fordham Law Review Online
What exactly is an American? Who or what are the People? Is there an authentic, viable American political identity or community? Or do the deep ruptures and balkanization that seem to pervade law and politics— ranging from pandemics, national security, impeachment, and the environment, to issues of an everyday, local nature—indicate a crisis of legitimacy, cohesion, and national community?
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Fordham Law Review Online
This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom …