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Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green 2014 College of William & Mary Law School

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


Ballot Bedlam, Samuel Issacharoff 2014 NELLCO

Ballot Bedlam, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

In both law and public scrutiny, renewed attention is being given to the simple act of casting a ballot. At a time when the formal act of voting has been relaxed, and more than a third of Americans cast their ballots in another manner than voting at the polls on Election Day, there is a decided pushback. In some sense this is hardly novel; question of ballot integrity and ballot access have been a recurring issue in the U.S. from Reconstruction to the Civil Rights Era. In both of these previous eras, enfranchisement and disenfranchisement had a partisan edge ...


Market Intermediaries In The Post-Buckley World, Samuel Issacharoff 2014 NELLCO

Market Intermediaries In The Post-Buckley World, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

This essay for a Brennan Center symposium on the state of campaign finance law addresses the organizations that have sprung up in the post-Buckley regulatory environment. The essay identifies three central periods focused on PACs, state party soft money intermediaries, and Super PACs and independent expenditure groups. The main thesis is that efforts to curb money flows to those players (candidates and parties) that can be regulated has created an impetus to push money outside the regulatory domain and into the hands of increasingly unaccountable and extreme political forces.


Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson 2014 The Catholic University of America, Columbus School of Law

Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

Catholic University Law Review

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers ...


The Meme Of Voter Fraud, Atiba R. Ellis 2014 The Catholic University of America, Columbus School of Law

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack ...


Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham 2014 College of William & Mary Law School

Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham

William & Mary Bill of Rights Journal

No abstract provided.


The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh 2014 University of Georgia School of Law

The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Diversity After Shelby County V. Holder, William Roth 2014 University of Michigan Law School

Judicial Diversity After Shelby County V. Holder, William Roth

Michigan Law Review First Impressions

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus ...


The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer 2014 SelectedWorks

The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Douglas M. Spencer

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the ...


Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff II 2014 SelectedWorks

Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii

James J. Woodruff II

This Article seeks to answer the following question: What are the actual limits the government can place on political speech at and around the polling place? In examining this question, this Article argues that some of the current limitations placed on polling-place activities are unconstitutional. Specifically, this Article focuses on the wearing of political slogans and images within the polling room and campaign-free zone and the placement of campaign signs within the campaign-free zone.


Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne 2014 Touro College Jacob D. Fuchsberg Law Center

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.


Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers

Nevada Law Journal

No abstract provided.


Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder , Paul M. Wiley 2014 Washington and Lee University School of Law

Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder , Paul M. Wiley

Washington and Lee Law Review

No abstract provided.


Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate

Touro Law Review

No abstract provided.


No Vote, No Freedom: The Black Existential Problematization Of Voter Id Laws, Reginald J. Glosson 2014 Dickinson College

No Vote, No Freedom: The Black Existential Problematization Of Voter Id Laws, Reginald J. Glosson

Honors Theses By Year

For Blacks specifically, voting has been a tool used as a way to maintain freedom, address questions of their humanity, and to survive in an anti-Black racist nation. Because the opportunity to vote can be more significant to Blacks than other populations, when systematic disenfranchisement of Black people occurs, questions of Black existence naturally arise. Grounding my work in theories of Black existential philosophy, I argue that current voter ID laws are a reincarnation of past Black disenfranchising mechanisms and cause a Black existential crisis or Black philosophical currents concerned with freedom, existence, “humanness,” agency, and citizenship.

The project puts ...


Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield 2014 Widener Law

Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield

Alan E Garfield

No abstract provided.


Prohibiting Barriers To The Booth: The Case For Limited Nationwide Preclearance Under A Modified Voting Rights Act, Hayley Trahan-Liptak 2014 Boston College Law School

Prohibiting Barriers To The Booth: The Case For Limited Nationwide Preclearance Under A Modified Voting Rights Act, Hayley Trahan-Liptak

Boston College Journal of Law & Social Justice

The right to vote is fundamental to American democracy, yet for hundreds of years American history has been marked by efforts to restrict voting. Often, voting restrictions disproportionately affect minority voters, through both intentional discrimination and facially-neutral voting laws. Since its 1965 implementation, the Voting Rights Act (“VRA”) has been used to fight discriminatory voting laws through affirmative suits and mandatory federal approval of voting changes for states with a history of voter discrimination. On June 25, 2013, the Supreme Court struck down a crucial part of the VRA, eliminating the requirement that jurisdictions with storied pasts of voter discrimination ...


Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino 2014 University of Massachusetts School of Law

Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino

University of Massachusetts Law Review

The 2002 Help America Vote Act requires election officials to request photo ID for first time voters who register by mail. Some states took this a step further and required all voters to present photo ID in order to exercise the franchise. These laws have attracted a great deal of attention recently because of the belief that these laws disenfranchise voters. However, what is needed is a uniform system that allows voters access to the ballot and also protects the integrity of the ballot. This note argues that all Congress has to do is connect the dots in several federal ...


Dismissing Deterrence, Ellen D. Katz 2014 University of Michigan Law School

Dismissing Deterrence, Ellen D. Katz

Articles

The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.


Voting For Balance: The Third Circuit Splits With The Sixth Circuit Over The Press's Right To Access Polling Stations In Pg Publishing Co. V. Aichele, Nicholas S. Lessin 2014 Boston College Law School

Voting For Balance: The Third Circuit Splits With The Sixth Circuit Over The Press's Right To Access Polling Stations In Pg Publishing Co. V. Aichele, Nicholas S. Lessin

Boston College Law Review

In 2013, in PG Publishing Co. v. Aichele, the U.S. Court of Appeals for the Third Circuit applied the experience and logic test to the voting process, contradicting the U.S. Court of Appeals for the Sixth Circuit’s previous application of a traditional forum analysis to the voting process in its 2004 Beacon Journal Publishing Co. v. Blackwell decision. This Comment argues that the experience and logic test properly balances the government’s interest in privacy against the public’s interest in access to information. In contrast, applying a traditional forum analysis to the right of access creates ...


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