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Articles 1 - 25 of 25
Full-Text Articles in Election Law
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Pepperdine Law Review
This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …
A Defense Of The Electoral College In The Age Of Trump, John Yoo
A Defense Of The Electoral College In The Age Of Trump, John Yoo
Pepperdine Law Review
In the aftermath of the 2016 U.S. Presidential Election, where Donald J. Trump lost the popular vote by nearly 3 million votes but still secured victory in the Electoral College, renewed efforts to delegitimize or abolish the Electoral College system have surfaced. Critics, calling for a direct national vote for President, attacked the legitimacy of the election and decried the Constitution’s method of presidential selection as antiquated and undemocratic. Some legal scholars even suggested that the Electoral College must be abolished to disentangle it from America’s racist past and history of slavery. Recently, though, reformers in several States have banded …
Our Campaign Finance Nationalism, Eugene D. Mazo
Our Campaign Finance Nationalism, Eugene D. Mazo
Pepperdine Law Review
Campaign finance is the one area of election law that is most difficult to square with federalism. While voting has a strong federalism component—elections are run by the states and our elected officials represent concrete geographical districts—our campaign finance system, which is rooted in the First Amendment, almost entirely sidesteps the boundaries of American federalism. In so doing, our campaign finance system creates a tenuous connection between a lawmaker’s constituents, or the people who elect him, and the contributors who provide the majority of his campaign cash. The recent explosion of outside spending in American elections by wealthy individuals and …
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Pepperdine Law Review
The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force …
Considering The Gerrymander , Leroy C. Hardy
Considering The Gerrymander , Leroy C. Hardy
Pepperdine Law Review
No abstract provided.
Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green
Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green
Pepperdine Law Review
No abstract provided.
General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw
General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw
Pepperdine Law Review
No abstract provided.
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Pepperdine Law Review
Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.
Special Interest Money: A Threat To Democratic Government, David L. Boren
Special Interest Money: A Threat To Democratic Government, David L. Boren
Pepperdine Law Review
No abstract provided.
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
Pepperdine Law Review
No abstract provided.
Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson
Pepperdine Law Review
No abstract provided.
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Pepperdine Law Review
No abstract provided.
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale
Pepperdine Law Review
No abstract provided.
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
Pepperdine Law Review
No abstract provided.
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
Pepperdine Law Review
No abstract provided.
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Pepperdine Law Review
No abstract provided.
The Political Process, Elizabeth Garrett
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Pepperdine Law Review
No abstract provided.
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Pepperdine Law Review
No abstract provided.
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Pepperdine Law Review
No abstract provided.
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Pepperdine Law Review
This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …
The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff
The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff
Pepperdine Law Review
This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …
Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers
Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers
Pepperdine Law Review
No abstract provided.