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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.


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.


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 ...


A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski 2014 The Catholic University of America, Columbus School of Law

A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski

Catholic University Law Review

No abstract provided.


Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello 2014 SelectedWorks

Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello

Adam Lamparello

The wealthy are democracy’s darlings, the middle class are its stepchildren, and the poor are its orphans. And the Constitution’s written and unwritten rights are alive for the wealthy, merely evolving for the middle class, and dead for the poor. Corporate giants like Goldman Sachs and AT&T line the pockets of senatorial candidates—and purchase influence—while average citizens walk into a polling station, often encounter voter suppression tactics, and cast a largely symbolic vote. Stated simply, we now live in a society of soft inequality. Like the “soft bigotry of low expectations,” soft inequality has created ...


High Courts And Election Law Reform In The United States And India, Manoj Mate 2014 SelectedWorks

High Courts And Election Law Reform In The United States And India, Manoj Mate

Manoj S. Mate

Over the past decade, the push for electoral reform in India and the United States – the world’s two largest democracies – has been promi- nent in the politics and governance of both nations. The supreme courts in each country have played important, but distinct, roles in recent electoral reform efforts, responding to different facets and regimes of political corruption. In the 1990s, the Indian Supreme Court became increasingly assertive in requiring greater levels of dis- closure and transparency for political parties in India. In a series of decisions in 2002 and 2003, the Indian Supreme Court challenged the Central Government ...


Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson 2014 Touro College Jacob D. Fuchsberg Law Center

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

Touro Law Review

No abstract provided.


The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres 2014 Washington and Lee University School of Law

The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken 2014 Marquette University Law School

Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken

Marquette Law Review

Boden Lecture given at Marquette University Law School on October 7, 2013


Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic 2014 Marquette University Law School

Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic

Marquette Law Review

Wisconsin Governor Scott Walker faced only the third gubernatorial recall in the nation’s history and was the first to survive. From a legal perspective, the 2012 Walker recall involved equally unique issues arising from the Wisconsin Constitution and obscure state statutes. This Article reviews the history of recall in Wisconsin and examines three significant legal issues that arose during the Walker recall: (1) litigation over review of submitted recall signatures; (2) unlimited campaign finance contributions; and (3) the scheduling of the recall election. The Article concludes that an assessment of the historical nature of the Walker recall is incomplete ...


Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

No abstract provided.


Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.


Unions And Campaign Finance Litigation, Charlotte Garden 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


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