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- <p>Kennedy, John F. (John Fitzgerald), 1917-1963.</p> <p>Presidents -- United States -- Election -- 1960.</p> <p>Primaries -- West Virginia -- History -- 20th century.</p> <p>West Virginia -- Politics and government.</p> (1)
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Articles 1 - 30 of 35
Full-Text Articles in Election Law
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
Journal Articles
No abstract provided.
Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton
Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton
BYU Law Review
No abstract provided.
Mid-Decade Congressional Redistricting In A Red And Blue Nation, Patrick Marecki
Mid-Decade Congressional Redistricting In A Red And Blue Nation, Patrick Marecki
Vanderbilt Law Review
Following the 2002 elections, Republicans in Texas and Colorado achieved unified control of their state governments. In both states, Republicans introduced congressional redistricting legislation and enacted a new redistricting map. Just a year earlier, following the release of the decennial census, each state had enacted a congressional redistricting map that had governed the 2002 elections. The second round of legislation marked the first time in United States history that a state reopened redistricting for partisan political purposes after a redistricting plan had been adopted following the release of the decennial census, had been upheld as constitutional, and had been used …
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Michigan Law Review
This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
West Virginia Law Review
No abstract provided.
Thomas Brackett Reed, Civil Rights, And The Fight For Fair Elections, Wendy Hazard
Thomas Brackett Reed, Civil Rights, And The Fight For Fair Elections, Wendy Hazard
Maine History
Few causes in American history have proved more enduring than the effort to ensure all citizens the right to vote. From the enfranchising of African-Americans after the Civil War to the granting of women’s suffrage and the passage of the Voting Rights Act in 1965, the country has struggled to live up to its image as the guardian of the ideal that every citizen has a guaranteed right to vote. The prolonged presidential election of 2000 and the vote-counting debacle in Florida once again focused national attention on the issue of enfranchisement. Democrats argued that the Florida election, whether by …
Ballot Access Restrictions In Representative Government: An Ode To The Wasted Vote, Carmen Mosley-Sims
Ballot Access Restrictions In Representative Government: An Ode To The Wasted Vote, Carmen Mosley-Sims
University of Arkansas at Little Rock Law Review
No abstract provided.
Turning Lemons Into Lemonade: Making Georgia V. Ashcroft The Mobile V. Bolden Of 2007, Jocelyn Benson
Turning Lemons Into Lemonade: Making Georgia V. Ashcroft The Mobile V. Bolden Of 2007, Jocelyn Benson
Law Faculty Research Publications
No abstract provided.
Wiley Austin Branton And The Voting Rights Struggle, Judith Kilpatrick
Wiley Austin Branton And The Voting Rights Struggle, Judith Kilpatrick
University of Arkansas at Little Rock Law Review
No abstract provided.
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
All Faculty Scholarship
This study tests the empirical assumptions about American public opinion found in the Supreme Court’s opinions concerning campaign finance reform. The area of campaign finance is a unique one in First Amendment law because the Court has allowed the mere appearance of a problem (in this case, “corruption”) to justify the curtailment of recognized First Amendment rights of speech and association. Since Buckley v. Valeo, defendants in campaign finance cases have proffered various types of evidence to support the notion that the public perceives a great deal of corruption produced by the campaign finance system. Most recently, in McConnell v. …
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
University of Michigan Journal of Law Reform
The recent landmark decision by the Supreme Court in McConnell v. FEC opens the way for new and more decisive regulation of the vast amounts of private and corporate money poured into the political system. However, the theoretical grounds for campaign finance regulation - as reflected in the Court's opinion - remain highly perplexing. The purpose of the current article is to tie together the evolving constitutional principle of equality in election with modern process theory and to apply them to the field of campaign finance. The inherent tension between the stringent requirement for political equality on the one hand …
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese
BYU Law Review
No abstract provided.
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
University of Michigan Journal of Law Reform
This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Faculty Scholarship
This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Faculty Scholarship
Judge Thomas J. Spargo serves as a fascinating poster-child in the debate on what’s wrong (or right) with judicial elections. Judge Spargo, campaigning for re-election as Justice of the Berne Town Court in upstate New York, was accused of “failing to observe the high standards of conduct” expected as a judge because he handed out doughnuts to voters. Judge Spargo’s case and others illustrate that popular debates about the merits of judicial elections versus judicial selection commissions have probably been mis-focused on two “second-order questions rather than concentrating on “first-order” concerns in judicial selection. This article discusses these questions and …
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Richmond Public Interest Law Review
In the United States today the vast majority of states conduct elections in some form or fashion to select members of the judiciary. These elections bring into conflict two ideals of American government: officials who are accountable to the people, and the idea of a fair and impartial judiciary. Organizations such as the American Bar Association and the American Judicature Society have expressed misgivings about judicial elections for years; however, judicial elections continue to have support from voters. Judicial elections raise a myriad of ethical and political questions that have been the source of heated debate for years; however, several …
The Electoral College Is Likely Here To Stay, Katherine Licup
The Electoral College Is Likely Here To Stay, Katherine Licup
Public Interest Law Reporter
No abstract provided.
John F. Kennedy And West Virginia, 1960-1963, Anthony W. Ponton
John F. Kennedy And West Virginia, 1960-1963, Anthony W. Ponton
Theses, Dissertations and Capstones
In 1960, John F. Kennedy, a wealthy New England Catholic, traveled to a rural, Protestant state to contend in an election that few thought he could win. While many scholars have examined the impact of Kennedy’s victory in the West Virginia primary, few have analyzed the importance that his visit to the state in 1960 and his ensuing administration had on West Virginia. Kennedy enacted a number of policies directed specifically toward relieving the poverty that had plagued West Virginia since statehood. The Kennedy administration funded highway construction, worker training programs, and area development at levels the state had never …
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Richmond Journal of Law and the Public Interest
In the United States today the vast majority of states conduct elections in some form or fashion to select members of the judiciary. These elections bring into conflict two ideals of American government: officials who are accountable to the people, and the idea of a fair and impartial judiciary. Organizations such as the American Bar Association and the American Judicature Society have expressed misgivings about judicial elections for years; however, judicial elections continue to have support from voters. Judicial elections raise a myriad of ethical and political questions that have been the source of heated debate for years; however, several …
Promoting Women's Access To Politics And Decision Making: The Role Of Tgnp And Other Advocacy Groups In The 2000 General Elections., Miranda Johnson, Aggripina Mosha
Promoting Women's Access To Politics And Decision Making: The Role Of Tgnp And Other Advocacy Groups In The 2000 General Elections., Miranda Johnson, Aggripina Mosha
Faculty Publications & Other Works
No abstract provided.
Resolving The Dilemma Of Minority Representation, Grant M. Hayden
Resolving The Dilemma Of Minority Representation, Grant M. Hayden
Faculty Journal Articles and Book Chapters
This article proposes that recent work in philosophy on the issue of interpersonal utility comparisons may be used to help resolve a significant problem in minority representation. The creation of majority-minority districts has had the unintended consequence of forcing minority voting rights advocates to choose between increasing the number of minority officeholders and increasing the number of Democrats. This dilemma is, in part, due to the strict application of the one person, one vote standard. But work on the issue of interpersonal utility comparisons tells us that the one person, one vote standard is not the objective standard it purports …
The Appearance Of Election Law, John Nagle
The Appearance Of Election Law, John Nagle
Journal Articles
The recent attention to election law implies that questions of reapportionment, voting rights, campaign finance, and the counting of votes belong to the same category of legal questions. In each instance, the evolving Supreme Court jurisprudence emphasizes appearances. The appearance of legislative districts, the appearance of corruption, and the appearance of partisanship are just some of the distinct ways in which the Court has concluded that appearance matter. As with other appearances, what looks to some observers like a gerrymandered district or a corrupting contribution is seen by others as a legitimate apportionment or an innocent expression of political support. …
How Not To Count Votes, John C. Nagle
How Not To Count Votes, John C. Nagle
Journal Articles
Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …
Recent Case: The Third Circuit Holds That Pennsylvania Cannot Apply Its Ballot Access Law To Two Specific Candidates But Fails To Rule On The Law's Overall Constitutionality, Lauren Jean Mccloskey
Recent Case: The Third Circuit Holds That Pennsylvania Cannot Apply Its Ballot Access Law To Two Specific Candidates But Fails To Rule On The Law's Overall Constitutionality, Lauren Jean Mccloskey
Villanova Law Review
No abstract provided.
The Lawfulness Of The Election Decision: A Reply To Professor Tribe, Peter Berkowitz, Benjamin Wittes
The Lawfulness Of The Election Decision: A Reply To Professor Tribe, Peter Berkowitz, Benjamin Wittes
Villanova Law Review
No abstract provided.
Resurrecting The White Primary, Ellen D. Katz
Resurrecting The White Primary, Ellen D. Katz
Articles
An unprecedented number of noncompetitive or "safe" electoral districts operate in the United States today. Noncompetitive districts elect officials with more extreme political views and foster more polarized legislatures than do competitive districts. More fundamentally, they inhibit meaningful political participation. That is because participating in an election that is decided before it begins is an empty exercise. Voting in a competitive election is not, even though a single vote will virtually never decide the outcome. What a competitive election offers to each voter is the opportunity to be the coveted swing voter, the one whose support candidates most seek, the …
Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene
Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene
Faculty Scholarship
Could so many well-established scholars be wrong? Is it possible that Bush v. Gore is defensible, after all? The two pillars of the decision-the Equal Protection Clause justification for the merits holding and the "safe harbor" remedial ruling - indeed seem weak. The alternative merits view-that the Florida Supreme Court had engaged in statutory amendment under the guise of statutory interpretation, thus violating Article II of the federal Constitution-runs aground against the plausible (albeit not necessarily correct) readings of the state high court. If one agrees that these merits and remedial arguments are indefensible, then mustn't one agree with the …
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Cleveland State Law Review
This note will examine the problems that the election of state judges creates, as well as the inadequacies of the current model of merit selection. I propose that Ohio should adopt an appointive method of selecting judges, which will utilize a judicial eligibility commission as outlined by the American Bar Association similar to the nominating commissions commonly found in merit selection plans but which will do away with the commonly found retention election. Ohio needs to change the manner in which state judges are selected in order to bring confidence in the state judiciary, and to ensure that the most …