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Protecting Political Participation Through The Voter Qualifications Clause Of Article I, Franita Tolson 2015 Florida State University College of Law

Protecting Political Participation Through The Voter Qualifications Clause Of Article I, Franita Tolson

Boston College Law Review

The Voter Qualifications Clause of Article I, Section 2 of the U.S. Constitution makes federal voting rights dependent upon participation in state elections. This Article argues that the right to vote in federal elections, as defined by Article I, incorporates both i) state constitutional law governing the right to vote and ii) the democratic norms that existed within the states at the founding as the basis for determining the qualifications of federal electors. The democratic norms governing political participation can be traced to founding-era state constitutions that preserved the fundamental right of citizens to “alter or abolish” their governments ...


The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art 2015 Northwestern University School of Law

The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art

Northwestern University Law Review

No abstract provided.


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

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

Popular Media

No abstract provided.


Rethinking Transparency In U.S. Elections, Rebecca Green 2014 William & Mary Law School

Rethinking Transparency In U.S. Elections, Rebecca Green

Faculty Publications

Bush v. Gore catapulted this country into a crisis of confidence in the management of our elections. Despite reforms since 2000, public confidence in election administration continues to wane. Are dead people on the rolls? Are noncitizens voting? Are provisional ballots wrongly rejected? State election transparency statutes meant to reassure the public that elections are producing legitimate results are often conflicting, vague, and even nonexistent. Exacerbating the problem, the last two decades have witnessed huge changes that offset the transparency balance. Dramatic changes in how Americans vote, how elections are administered, and who scrutinizes the election process call for a ...


Mccutcheon V. Federal Election Commission, Stephen M. DeGenaro 2014 Notre Dame Law School

Mccutcheon V. Federal Election Commission, Stephen M. Degenaro

NDLR Online

McCutcheon v. Federal Election Commission involved a challenge to limits imposed on the amount a donor may contribute during a single election cycle. In McCutcheon, the Court was presented with the question of whether the aggregate limits placed on contributions to candidate and noncandidate committees either lacked a cognizable constitutional interest or were unconstitutionally too low. In a five to four decision, the Supreme Court held that the aggregate limits on campaign contributions burden substantial First Amendment rights without furthering a permissible government interest.


Ballot Bedlam, Samuel Issacharoff 2014 New York University School of Law

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 New York University School of Law

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 Georgetown University Law Center

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 University of California, Davis

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 Florida Coastal School of Law

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.


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