Election Law Commons^™

Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii

James J. Woodruff II

This Article seeks to answer the following question: What are the actual limits the government can place on political speech at and around the polling place? In examining this question, this Article argues that some of the current limitations placed on polling-place activities are unconstitutional. Specifically, this Article focuses on the wearing of political slogans and images within the polling room and campaign-free zone and the placement of campaign signs within the campaign-free zone.

Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello

Adam Lamparello

The wealthy are democracy’s darlings, the middle class are its stepchildren, and the poor are its orphans. And the Constitution’s written and unwritten rights are alive for the wealthy, merely evolving for the middle class, and dead for the poor. Corporate giants like Goldman Sachs and AT&T line the pockets of senatorial candidates—and purchase influence—while average citizens walk into a polling station, often encounter voter suppression tactics, and cast a largely symbolic vote. Stated simply, we now live in a society of soft inequality. Like the “soft bigotry of low expectations,” soft inequality has created a liberty gap between the …

Independent Redistricting Commissions For Cities: Redistricting Need Not Be A Quintessentially Political Process, Robert Stephen Bickerstaff

Robert Stephen Bickerstaff

No abstract provided.

Government By The People: Why America Needs A Constitutional Right To Vote, Samantha Jensen

Samantha Jensen

No abstract provided.

Extract From Bna Corporate Practice Series No. 16-6, Regulation Of Corporate Political Activity (2013), Citing Tillman's Citizen Untied And The Scope Of Professor Teachout's Anti-Corruption Principle, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from BNA Corporate Practice Series No. 16-6, Regulation of Corporate Political Activity (2013), citing Tillman's Citizens United and the Scope of Professor Teachout's Anti-Corruption Principle.

[June 10, 2013]

انتخابات 24 فبريه 2013 }اي »تاليا«{ در نگاه خبرنگار, Sajjad Khaksari

SAJJAD KHAKSARI

يكشنبه و دوشنبه 24 و بيست و پنجم فبريه 2013 براي ايتاليايي ها روزهاي سرنوشت سازي است. آري »انتخابات«، انتخابات براي انتخاب احزاب حاكم بر پارلمان )مجلس نمايندگان و مجلس سنا(!

Enfranchising Native Americans After Shelby County V. Holder: Congress's Duty To Act, Ryan Dreveskracht

Ryan Dreveskracht

This article discusses the U.S. Supreme Court's decision in Shelby County v. Holder, and the applicability of that decision to Indian Country. First, I give a background and context for the VRA, and then delve into a brief outline of historic and present-day tribal-state relations. Next, I analyze the Supreme Court's decision in Shelby County. I then make an Indian-specific application of the legal test employed in Shelby County. I conclude by arguing that Section 5 is both an appropriate and necessary measure to prevent ongoing voting discrimination targeting Native American citizens. Indeed, Congress not only has the power to …

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Buying The Electorate: An Empirical Study Of The Current Campaign Finance Landscape And How The Supreme Court Erred By Not Revisiting Citizens United, William Alan Nelson Ii

William Alan Nelson II

The article discusses how the Supreme Court erred by summarily reversing the Montana Supreme Court’s decision in Western Tradition Partnership v. AG and not revisiting their holding in Citizens United v. FEC. The article begins by discussing the holding in the Western Tradition Partnership case and analyzing both the majority and dissenting opinions. The article then analyzes how the Montana Supreme Court distinguished Citizens United, with the Court specifically looking at the “unique” political history in Montana and finding that Montana’s ban on corporate independent political spending served a compelling state interest and was narrowly tailored to that interest.

The …

The Brief History Of "Voter-Owned Elections" In Portland, Oregon: If Public Financing Can't Make It There, Can It Make It Anywhere?, Paul A. Diller

Paul Diller

From 2006 to 2010, Portland, Oregon, experimented with a publicly financed campaign system called "Voter-Owned Elections." In 2010, Portland's voters declined to renew the system. This article assesses Portland's experience with public financing and draws lessons therefrom that may inform efforts to promote public financing at the national, state, and local levels.

Extract From Tara Ross, Enlightened Democracy: The Case For The Electoral College (2d Ed. 2012), Citing Tillman's Betwixt Principle And Practice, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Tara Ross, Enlightened Democracy: The Case for the Electoral College 245 n.55 (2d ed. 2012), citing Tillman's Betwixt Principle and Practice.

[May 27, 2013]

Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

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.

Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Un Garantismo En Tensión. La Primera Integración Del Tepjf Y El Control Jurisdiccional De La Vida Interna De Los Partidos Políticos, Javier Martín Reyes

Javier Martín Reyes

A Guarantism in Tension. The First TEPJF and the Judicial Review of the Parties’ Internal Life

Between 1997 and 2003, in a series of relevant cases, the first Electoral Court of the Federal Judicial Branch (TEPJF) gradually increased its capacity to adjudicate intraparty disputes. Over time, several authors have argued that these cases were inspired by the judicial doctrine developed by Luigi Ferrajoli, the “guarantism” (garantismo). However, this literature rarely provides evidence to show that the opinions of the TEPJF were consistent with this judicial doctrine. Precisely, this paper seeks to evaluate the decisions of the Electoral Court based upon …

El Tribunal De Los Militantes: El Control Judicial De Los Conflictos Intrapartidistas En México, Javier Martín Reyes

Javier Martín Reyes

The Party Members’ Court: Judicial Control over Intraparty Disputes in Mexico.

This paper explains how the Electoral Court of the Federal Judicial Branch (TEPJF) of Mexico, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the TEPJF from …

De Jueces, Militantes Y Dirigencias Partidistas. Un Panorama Cuantitativo Del Control Jurisdiccional De Los Conflictos Intrapartidistas En México (1996-2006), Javier Martín Reyes

Javier Martín Reyes

Of Judges, Militants, and Bosses: A Quantitative Overview of the Judicial Review of Intraparty Disputes in Mexico (1996-2006) Aunque diversos trabajos han estudiado el origen y evolución del control jurisdiccional de la vida interna de los partidos políticos por parte del Tribunal Electoral del Poder Judicial de la Federación (TEPJF), lo cierto es que los estudios cuantitativos son prácticamente inexistentes. Hace falta, incluso, la información más indispensable para aproximarse empíricamente al fenómeno: el número y tipo de conflictos intrapartidistas que se han presentado a lo largo del tiempo; su distribución geográfica y por partido político; la forma en que se …

Regulating From Typewriters In An Internet Age: The Development & Regulation Of Mass Media Usage In Presidential Campaigns, Anthony J. King

Anthony J. King

The American election process has become a misleading process of campaign promises and self-promotion, thus diluting its primary and most fundamental purpose. This discrepancy can be traced to three primary groups; (1) the candidates, who supplied the motive; (2) the mass media, who supplied the means; and (3) the electorate, who so far have allowed it to happen. Seeking to remedy the situation lawmakers have turned to regulations of the media in attempt to assure fairness and nurture the marketplace of ideas. These numerous attempts at fairness have been met with a mixed reception and mixed results leading to questions …

Keeping American Elections Afloat: Why Citizens United Should Be Abandoned And The Floodgates Should Be Closed, Richard L. Mafrica

Richard L Mafrica

No abstract provided.

Отзыв Депутата Представительного Органа: Соотношение Политической И Конституционной Ответственности, Leonid G. Berlyavskiy, Nickolay Taraban

Leonid G. Berlyavskiy

Formation of democratic bases of the public power demands increase of level of political and legal responsibility before the people. One of the forms of such responsibility is the reсall of selected persons. The voters allocated with the active suffrage should have possibility to withdraw the representatives

Clinton, Campaigns, And Corporate Expenditures: The Supreme Court's Recent Decision In Citizen's United And Its Impact On Corporate Political Influence, Glen M. Vogel

Glen M Vogel

The public’s ability to discuss and debate the character and fitness of presidential candidates is at the core of the First Amendment’s prohibition that “Congress shall make no law… abridging the Freedom of Speech.” Despite the existence of this fundamental right, articulated so eloquently in our founding document, in November of 2002, Congress made political speech a felony for one class of speakers – corporations and unions. Under the McCain-Feingold Campaign Finance Reform Law, corporations and unions were prohibited from spending their own funds in support of or against a candidate for political office. Violators of this ban faced up …

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …

Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, Stephen E. Sachs

Stephen E. Sachs

Responding to Samuel Issacharoff, On Political Corruption, 124 Harv. L. Rev. 118 (2010) In his comment on political corruption, Professor Samuel Issacharoff questions traditional accounts that aim to squeeze money out of politics entirely. Instead, he focuses on the danger that political spending will promote private influence over government policy. In this response, Professor Stephen E. Sachs argues that "private influence" is itself too broad a category to control, and that campaign finance policy should be restricted to a more manageable scope. Professor Sachs argues that if protecting the government from private influence is too diffuse a goal, we can …

The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

The Central American Constitutional Identity, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …