Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Legal History
Police And Democracy, David Alan Sklansky
Police And Democracy, David Alan Sklansky
Michigan Law Review
Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …
Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine
Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine
Seattle University Law Review
This keynote address for the 2005 Symposium: Where's My Vote? Lessons Learned from Washington State's Gubernatorial Election was presented by Barbara Arnwine. The focus of the presentation was on "Voting Rights at a Crossroad: Return to the Past or an Opportunity for the Future?" To students who are on the career path to becoming practitioners of law, and to attorneys and law professors, no role is more important than enhancing democracy. Ms. Arnwine's speech addresses the topics of voting rights from a national perspective highlighting the most pressing challenges. In addressing this theme, four areas of voting rights are covered …
Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall
Seattle University Law Review
This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Seattle University Law Review
Imagine that it is Tuesday, November 4, 2008, and you realize that you have not yet voted for the candidate that you want to be President of the United States. The polls close at 7 p.m., and it is already 6:45 p.m. Instead of rushing off to the nearest polling place, you simply go to your computer, log in, fill out a ballot, and email your ballot to your designated polling website. The whole process takes fewer than ten minutes, and you have done your civic duty. Leading proponents of Internet voting point to five possible benefits of electronic voting: …