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The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan 2020 University of Illinois College of Law

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law ...


A Narrowly-Tailored, Technical Disenfranchisement: Risking Death To Vote Amidst A Viral Pandemic, Athena Hernandez 2020 Golden Gate University School of Law

A Narrowly-Tailored, Technical Disenfranchisement: Risking Death To Vote Amidst A Viral Pandemic, Athena Hernandez

GGU Law Review Blog

In what has been referred to as a tragedy for American democracy and one of the most egregious examples of voter suppression in history, a United States Supreme Court ruling on April 6th made it harder for citizens of Wisconsin to cast their votes amidst the coronavirus pandemic.


A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe 2020 University of the District of Columbia School of Law

A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe

University of the District of Columbia Law Review

The League of Women Voters of the District of Columbia ("LWVDC"), a chapter of the League of Women Voters of the United States ("LWVUS" or the "League"), has long been a staunch supporter of equality for the District of Columbia ("D.C." or the "District") by advocating for voting rights in Congress, promoting local control of local affairs, and supporting a Constitutional amendment when it was proposed. Statehood for the People of D.C., as it is currently constructed, is a newer idea that has been shrouded in much confusion and misunderstanding for people in other parts of the country ...


The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster 2020 American University Washington College of Law

The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster

Legislation and Policy Brief

No abstract provided.


A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball 2020 American University Washington College of Law

A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball

Legislation and Policy Brief

No abstract provided.


Racially Neutral In Form, Racially Discriminatory In Fact: The Implications For Voting Rights Of Giving Disproportionate Racial Impact The Constitutional Importance It Deserves, Gary J. Simson 2020 Mercer University School of Law

Racially Neutral In Form, Racially Discriminatory In Fact: The Implications For Voting Rights Of Giving Disproportionate Racial Impact The Constitutional Importance It Deserves, Gary J. Simson

Mercer Law Review

In two decisions in the mid-1970s, Washington v. Davis and Village of Arlington Heights v. Metropolitan Housing Development Corp., the U.S. Supreme Court made clear that proving that a law racially neutral on its face disproportionately disadvantages racial minorities does not establish a violation of the Equal Protection Clause or even create a presumption that such a violation has occurred. Disproportionate racial impact “is not irrelevant,” the Court explained, but “it is not the sole touchstone of an invidious racial discrimination forbidden by the Constitution.” The key, according to the Court, lies in proving that the law was the ...


Election Spotlight: Nearly Twenty Years After Hanging Chads, Problems Persist In Florida, Christopher Wood 2020 Mercer University School of Law

Election Spotlight: Nearly Twenty Years After Hanging Chads, Problems Persist In Florida, Christopher Wood

Mercer Law Review

The right to vote is as close to sacrosanct as almost any right in our constitutional system. The election-battleground state of Florida has time and time again come under the national spotlight due to its vote counting practices. Florida fell under immense national scrutiny as the entire nation awaited the resolution of the 2000 presidential election. Bush v. Gore highlighted many of the inherent issues with the Florida system of allowing individual counties free rein to enact their own election procedures. The lack of any central guidance in election procedures has, in large part, persisted. The latest iteration concerns the ...


Rucho For Minimalists, Benjamin Plener Cover 2020 Mercer University School of Law

Rucho For Minimalists, Benjamin Plener Cover

Mercer Law Review

In one of last term’s most consequential cases, Rucho v. Common Cause, the Supreme Court of the United States decided, 5–4, that “partisan gerrymandering claims present political questions beyond the reach of the federal courts.” This limits the power of the federal courts to address what many, this author included, consider a significant threat to American democracy: the manipulation of electoral maps to favor certain voters or candidates. Federal courts may still intervene to vindicate the one-person-one-vote principle, enforce the Voting Rights Act (VRA), or invalidate racial gerrymanders. But not to limit partisan gerrymandering. Writing for the ...


Federal Oversight Of State Primaries: The Troubling Drift From Equal Protection To Association, Jacob Eisler 2020 Mercer University School of Law

Federal Oversight Of State Primaries: The Troubling Drift From Equal Protection To Association, Jacob Eisler

Mercer Law Review

The latter half of the twentieth century saw a dramatic transformation in the degree and quality of federal judicial oversight of the voting process. With the one-person, one-vote jurisprudence, the Supreme Court of the United States imposed a basic requirement of personal equality in district line-drawing. In the context of race, Gomillion v. Lightfoot became the beachhead in the premise that racial discrimination will not be tolerated in voting procedure. A few decades later, Davis v. Bandemer suggested that fair district line-drawing could require non-discrimination on the grounds of party identification. In each of these domains of court-led intervention, one ...


Voter Suppression Post-Shelby: Impacts And Issues Of Voter Purge And Voter Id Laws, Lydia Hardy 2020 Mercer University School of Law

Voter Suppression Post-Shelby: Impacts And Issues Of Voter Purge And Voter Id Laws, Lydia Hardy

Mercer Law Review

The old adage that history repeats itself is no truer than when considered in the context of contemporary voting and election law. The history repeating itself within a new wave of legislation is voter suppression that mirrors many issues in the voting rights history of the United States. Since the landmark Shelby County v. Holder case in 2013, there has been a marked increase in the passage of new voting laws as well as corresponding court challenges to these laws. Unlike the discriminatory tactics and laws of the Jim Crow era that were banned and declared unconstitutional after the enactment ...


You’Ve Got (Political) Questions? We’Ve Got No Answers, Michael R. Dimino 2020 Mercer University School of Law

You’Ve Got (Political) Questions? We’Ve Got No Answers, Michael R. Dimino

Mercer Law Review

In Rucho v. Common Cause, the Supreme Court of the United States held that partisan-gerrymandering claims present non-justiciable political questions. The decision seemingly settled a controversy that had existed for decades, during which the Court was simultaneously unwilling to declare partisan-gerrymandering claims non-justiciable and unable to agree on a judicially manageable standard for adjudicating those claims. In Rucho, for the first time, a five-Justice majority definitively concluded that there are no judicially manageable standards to determine the constitutionality of partisan gerrymanders, and therefore held that federal courts lacked jurisdiction to hear cases raising such claims.

Although the Court correctly determined ...


Voter Fraud As An Epistemic Crisis For The Right To Vote, Atiba R. Ellis 2020 Mercer University School of Law

Voter Fraud As An Epistemic Crisis For The Right To Vote, Atiba R. Ellis

Mercer Law Review

Despite the antidiscrimination frameworks contained in the constitutional and statutory protections for the right to vote, access to the American ballot box is generally perceived as heavily contested. More precisely, many right-to-vote advocates (and their popular supporters) believe that the right to vote is in a crisis of exclusion so extreme that it represents a resurgence of Jim Crow racial exclusion from the franchise. Advocates for election integrity initiatives and their supporters claim that because of impending threats by “illegal voters” who will distort election results, initiatives like voter identification laws, proof of citizenship laws, and voter purges are necessary ...


Chester Arthur’S Ghost: A Cautionary Tale Of Campaign Finance Reform, Anthony J. Gaughan 2020 Mercer University School of Law

Chester Arthur’S Ghost: A Cautionary Tale Of Campaign Finance Reform, Anthony J. Gaughan

Mercer Law Review

Chester Arthur may not be the first name that comes to mind when one thinks of major figures in the rise of campaign finance law. But despite his obscurity, he deserves to be ranked among the leading reformers in American history. As President, he signed into law a reform that cleared the way for the modern system of campaign finance to take root.

This Article puts the current debate over money in politics in historical context by examining the first major campaign finance reform in American history. The 1883 Pendleton Act is remembered today for establishing a professional, nonpartisan civil ...


Hyperpartisan Gerrymandering, Michael S. Kang 2020 Northwestern Pritzker School of Law

Hyperpartisan Gerrymandering, Michael S. Kang

Boston College Law Review

To modern observers of American politics, our current hyperpartisan era appears historically extreme, even bizarrely partisan. The preceding Cold War era was far less partisan and ideologically polarized. Spanning roughly from World War II through the 1980s, it offers a hopeful model for a better, less partisan American politics. However, this historical baseline is badly misleading. Partisanship for most of American history was much more similar to today’s hyperpartisanship than the Cold War. And legislative redistricting, for most of American history, was just as intensely partisan as today’s hyperpartisan gerrymandering. But it was precisely during the Cold War ...


Symposium: Liquidating Elector Discretion, Rebecca Green 2020 William & Mary Law School

Symposium: Liquidating Elector Discretion, Rebecca Green

Popular Media

No abstract provided.


The Superfluous Fifteenth Amendment?, Travis Crum 2020 Northwestern Pritzker School of Law

The Superfluous Fifteenth Amendment?, Travis Crum

Northwestern University Law Review

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage ...


Planned Obsolescence: The Supreme Court And Partisan Redistricting, Ethan Schafer 2020 Grand Valley State University

Planned Obsolescence: The Supreme Court And Partisan Redistricting, Ethan Schafer

Honors Projects

Partisan redistricting, more commonly known as gerrymandering, is the act of a political party in power using its majority to draw district maps in such a way that it stays in power or increases its power. The United States Census takes place every ten years as mandated by Article I, Section 2 of the Constitution, when the maps for state and national Congress are redrawn to better allocate representation among the people. Examples of this include the two cases that are discussed in Rucho v Common Cause, the redistricting case from 2019. In this case, both the Democrat-controlled government of ...


A "Meaningful" Seat At The Table: Contemplating Our Ongoing Struggle To Access Democracy, James M. Binnall 2020 Southern Methodist University

A "Meaningful" Seat At The Table: Contemplating Our Ongoing Struggle To Access Democracy, James M. Binnall

SMU Law Review Forum

In recent years, felon-voter disenfranchisement has received considerable attention from academics, policymakers, and the media. In turn, a number of jurisdictions have eased record-based voter restriction statutes. And while those efforts represent a significant step toward full civic reintegration for those with a felony criminal history, they are far from comprehensive, as they regularly omit citizens with certain types of felony convictions and typically address only one form of civic marginalization. Focusing on recent reform in the area of civic restrictions, this Article suggests that incomplete civic restoration comes with significant consequences that ought to be considered during legislative negotiations ...


American Indians And The Right To Vote: Why The Courts Are Not Enough, Milan Kumar 2020 Boston College Law School

American Indians And The Right To Vote: Why The Courts Are Not Enough, Milan Kumar

Boston College Law Review

American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress American Indian votes. The Voting Rights Act of 1965 was critical in providing Americans Indians a way to challenge discriminatory practices, but the Act only partially addresses the problems American Indians face in voting. New federal legislation is necessary to address present-day barriers American Indians experience in accessing the ballot box. This Note explores ...


Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber 2020 Cleveland-Marshall College of Law, Cleveland State University

Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber

Law Faculty Briefs

The Framers of the Constitution crafted the Electoral College to be an independent institution with the responsibility of selecting the President and Vice-President. Therefore, they intended each elector to exercise independent judgment in deciding whom to vote for. A state cannot revise the Constitution unilaterally by reducing the elector to a ministerial agent who must vote in a particular way or face a sanction. The question of each elector’s moral or political obligation is not before the Court. Nor is the desirability of the current electoral system. Rather, this case turns on what the Constitution allows, and what it ...


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