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A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale 2018 University of Minnesota Law School

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam 2018 Boston College Law School

A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam

Boston College Law Review

On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...


How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard 2018 Louisiana State University and Agricultural and Mechanical College

How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard

LSU Master's Theses

Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may ...


Teaching Apportionment, Charles M. Biles 2018 Humboldt State University

Teaching Apportionment, Charles M. Biles

IdeaFest: Interdisciplinary Journal of Creative Works and Research from Humboldt State University

No abstract provided.


When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta 2018 Brooklyn Law School

When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta

Brooklyn Journal of International Law

Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the ...


Judicial Candidates’ Right To Lie, Nat Stern 2018 University of Maryland Francis King Carey School of Law

Judicial Candidates’ Right To Lie, Nat Stern

Maryland Law Review

, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge ...


Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba 2018 University of Zambia

Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel, Irina Dykhne 2018 University of Southern California

Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel, Irina Dykhne

University of Southern California Legal Studies Working Paper Series

A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing.

Platforms desire self-regulation and have only recently come around to supporting transparency regulations. While government must not regulate the content of political speech, it can, and should, force transparency into the process. We propose several interventions aimed at transparency. Most importantly, campaign finance regulators should require platforms to store and make available ads run on their platforms, as well as the audience at ...


Race Or Party, Race As Party, Or Party All The Time: Three Uneasy Approaches To Conjoined Polarization In Redistricting And Voting Cases, Richard L. Hasen 2018 College of William & Mary Law School

Race Or Party, Race As Party, Or Party All The Time: Three Uneasy Approaches To Conjoined Polarization In Redistricting And Voting Cases, Richard L. Hasen

William & Mary Law Review

No abstract provided.


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel E. Charles, Luis Fuentes-Rohwer 2018 College of William & Mary Law School

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

William & Mary Law Review

No abstract provided.


Something Old, Something New, Or Something Really Old? Second Generation Racial Gerrymandering Litigation As Intentional Racial Discrimination Cases, Dale E. Ho 2018 College of William & Mary Law School

Something Old, Something New, Or Something Really Old? Second Generation Racial Gerrymandering Litigation As Intentional Racial Discrimination Cases, Dale E. Ho

William & Mary Law Review

No abstract provided.


The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent, Edward B. Foley 2018 College of William & Mary Law School

The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent, Edward B. Foley

William & Mary Law Review

It has been notoriously difficult for the United States Supreme Court to develop a judicially manageable—and publicly comprehensible—standard for adjudicating partisan gerrymandering claims, a standard comparable in this respect to the extraordinarily successful “one person, one vote” principle articulated in the Reapportionment Revolution of the 1960s. This difficulty persists because the quest has been for a gerrymandering standard that is universalistic in the same way that “one person, one vote” is: derived from abstract ideas of political theory, like the equal right of citizens to participate in electoral politics. But other domains of constitutional law employ particularistic modes ...


Election Law “Federalism” And The Limits Of The Antidiscrimination Framework, Franita Tolson 2018 College of William & Mary Law School

Election Law “Federalism” And The Limits Of The Antidiscrimination Framework, Franita Tolson

William & Mary Law Review

If the United States Supreme Court conceived of the right to vote as an active entitlement that safeguards other fundamental rights rather than as a passive privilege that permits courts to prioritize state sovereignty over broad enfranchisement, then many of the errors that have become commonplace in our system of elections would not occur. It is unlikely, however, that the Court will take the steps necessary to extend the constitutional protections afforded to the right to vote. In recent years, the Court has sharply circumscribed Congress’s ability to protect the right to vote under the Fourteenth and Fifteenth Amendments ...


The Causes And Consequences Of Gerrymandering, Nicholas O. Stephanopoulos 2018 College of William & Mary Law School

The Causes And Consequences Of Gerrymandering, Nicholas O. Stephanopoulos

William & Mary Law Review

In recent years, scholars have made great strides in measuring the extent of partisan gerrymandering. By and large, though, they have not yet tried to answer the questions that logically come next: What are the causes of district plans’ partisan skews? And what consequences do these skews have for democratic values? Using a unique dataset of state house and congressional plans’ partisan tilts from 1972 to 2016, this Article addresses precisely these issues. It finds that single-party control of the redistricting process dramatically benefits the party in charge, while other mapmaking configurations have small and inconsistent effects. It also shows ...


Gerrymandering And Association, Daniel P. Tokaji 2018 College of William & Mary Law School

Gerrymandering And Association, Daniel P. Tokaji

William & Mary Law Review

No abstract provided.


Taking Virtual Representation Seriously, Joseph Fishkin 2018 College of William & Mary Law School

Taking Virtual Representation Seriously, Joseph Fishkin

William & Mary Law Review

No abstract provided.


A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang 2018 College of William & Mary Law School

A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang

William & Mary Law Review

No abstract provided.


Redistricting Transparency, Rebecca Green 2018 William & Mary Law School

Redistricting Transparency, Rebecca Green

William & Mary Law Review

Until recently, legislative redistricting remained a relatively obscure topic for most Americans. In the upcoming 2020 round, increased public interest in the problem of gerrymandering, combined with the rise of technologies that empower public participation, will fuel public scrutiny of state redistricting processes at levels never before experienced. Are states prepared for this oversight onslaught? Will current redistricting transparency rules frustrate or nurture growing public interest? Can states take steps in advance of 2020 to ensure meaningful and productive public participation during the redistricting process? A thoughtful approach to redistricting transparency can both improve resulting maps and stave off litigation ...


From Educational Adequacy To Representational Adequacy: A New Template For Legal Attacks On Partisan Gerrymanders, Christopher S. Elmendorf 2018 College of William & Mary Law School

From Educational Adequacy To Representational Adequacy: A New Template For Legal Attacks On Partisan Gerrymanders, Christopher S. Elmendorf

William & Mary Law Review

For decades, legal attacks on partisan gerrymanders have foundered on a manageability dilemma: doctrinal standards the Supreme Court has regarded as judicially discoverable have been rejected as unmanageable, whereas the more manageable standards on offer have been dismissed as insufficiently tethered to the Constitution—that is, as undiscoverable. This Article contends that a solution to the dilemma may be found in a seemingly unlikely place: the body of state constitutional law concerned with the adequacy of state systems of public education. The justiciability barriers to partisan gerrymandering claims have near analogues in educational adequacy cases, yet only a minority of ...


Reapportionment, Nonapportionment, And Recovering Some Lost History Of One Person, One Vote, Pamela S. Karlan 2018 College of William & Mary Law School

Reapportionment, Nonapportionment, And Recovering Some Lost History Of One Person, One Vote, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


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