Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (3)
- Maurer School of Law: Indiana University (2)
- University of Colorado Law School (2)
- Barry University School of Law (1)
- Brooklyn Law School (1)
-
- Florida State University College of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Michigan Law School (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Touro Law Review (3)
- Indiana Law Journal (2)
- Publications (2)
- All Faculty Scholarship (1)
- Bertrall L Ross (1)
-
- Brooklyn Law Review (1)
- Catholic University Law Review (1)
- Faculty Scholarship (1)
- Florida State University Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Maine Law Review (1)
- Michigan Journal of Race and Law (1)
- Seattle University Law Review (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Fourteenth Amendment
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Seattle University Law Review
The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …
The Democracy Ratchet, Derek T. Muller
The Democracy Ratchet, Derek T. Muller
Indiana Law Journal
This Article proceeds in five Parts. Part I identifies recent instances in which federal courts have invoked a version of the Democracy Ratchet. It identifies the salient traits of the Democracy Ratchet in these cases. Part II describes why the Democracy Ratchet has gained attention, primarily as a tactic of litigants and as a convenient benchmark in preliminary injunction cases. Part III examines the history of the major federal causes of action concerning election administration—Section 2 of the Voting Rights Act, the Burdick balancing test, and the Equal Protection Clause. In each, it traces the path of the doctrine to …
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
Brooklyn Law Review
The U.S. Supreme Court struck down the coverage formula of the Voting Rights Act (VRA) in Shelby County. v. Holder in 2013. Members of Congress have attempted to renew the VRA with an updated coverage formula through the Voting Rights Advancement Acts of 2015 and of 2017. Unfortunately, Congressional Republicans have not supported either bill. Even if passed in its current form, the Supreme Court is likely to strike down the Voting Rights Advancement Act of 2017 (VRAA) for violating the principle of “equal sovereignty between the States” as set forth by the Court in Shelby County. Therefore, this note …
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
The Next Reapportionment Revolution, Ashira Ostrow
The Next Reapportionment Revolution, Ashira Ostrow
Indiana Law Journal
In the 1960s, the Supreme Court famously imposed the one-person, one-vote requirement on federal, state, and local legislatures. The doctrine rapidly resolved the problem of malapportioned districts. Within just a few years, legislatures across the nation were reapportioned to equalize the population between districts. Sadly, however, the national commitment to equal-population districts has led directly to the current crisis of political gerrymandering. The boundaries of equal-population districts must be redrawn every ten years to maintain population equality. Even with rigid adherence to population requirements, district boundaries are easily manipulated to secure incumbent seats and advance partisan interests. Redistricting is rightly …
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty
The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty
Maine Law Review
In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance of …
Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell
Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell
Michigan Journal of Race and Law
Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country’s legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state, felon disenfranchisement provisions affect the poor and communities of color on a grossly disproportionate scale. Yet to date, most challenges to the provisions under the Equal Protection Clause and Voting Rights Act have been unsuccessful, frustrating proponents of re-enfranchisement and the disenfranchised alike.
In light of those failures, …
Voting Is Association, Daniel P. Tokaji
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
No abstract provided.
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Faculty Scholarship
No abstract provided.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson
Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson
Touro Law Review
No abstract provided.
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Bertrall L Ross
Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.
What explains these shifts? An easy explanation is that the Supreme Court …
Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels
Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels
All Faculty Scholarship
While minorities have experienced great progress because of the Voting Rights Act, particularly section 5 of the Act, the work to achieve an electoral process free of discrimination remains unfinished. In Shelby County v. Holder, the Supreme Court struck down section 4 of the Act, which provided the coverage formula through which section 5 was implemented. Without section 4, there is no section 5. The historical and contemporaneous discrimination that minorities in states formerly covered under section 5 continue to face is substantial and outpaces that in noncovered states. Scholars cannot divorce the debate surrounding section 5’s constitutionality, which continues …
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns
Catholic University Law Review
No abstract provided.
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Touro Law Review
No abstract provided.
Shaw V. Reno: On The Borderline, Emily Calhoun
The Ex-Convict's Right To Vote, David H. Getches