Law and Politics Commons^™

“A Mystifying And Distorting Factor”: The Electoral College And American Democracy, Katherine Shaw

Michigan Law Review

A Review of Let the People Pick the President: The Case for Abolishing the Electoral College. By Jesse Wegman.

Beating A Dead Corpse, Josh Chafetz

Michigan Law Review

A Review of Sovereignty, RIP. By Don Herzog.

Disparate Discrimination, Leah M. Litman

Michigan Law Review

This Article explains and analyzes a recent trend in the Supreme Court’s cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a particular group. In religious discrimination cases, the Court has held that a law is presumptively unconstitutional if the law results in a comparable secular activity being treated more favorably than religious activity. Yet in racial discrimination cases, the Court has said the mere fact that a law more severely disadvantages racial minorities as a group does not suffice to establish unlawful discrimination.

The two tracks for …