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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 ...


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 ...


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 ...


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 ...


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.


Are Elections Necessary?, Sanford Levinson 2014 University of Maryland Francis King Carey School of Law

Are Elections Necessary?, Sanford Levinson

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No abstract provided.


Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen 2014 University of Maryland Francis King Carey School of Law

Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen

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No abstract provided.


Hungary: An Election In Question, Kim Lane Scheppele 2014 University of Maryland Francis King Carey School of Law

Hungary: An Election In Question, Kim Lane Scheppele

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No abstract provided.


To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson 2014 University of Maryland Francis King Carey School of Law

To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson

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No abstract provided.


The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith 2014 University of Maryland Francis King Carey School of Law

The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith

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No abstract provided.


Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross II 2014 University of Maryland Francis King Carey School of Law

Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii

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No abstract provided.


Abolish Districts, Corinna Barrett Lain 2014 University of Maryland Francis King Carey School of Law

Abolish Districts, Corinna Barrett Lain

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No abstract provided.


The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson 2014 University of Maryland Francis King Carey School of Law

The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson

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In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but ...


Ballot Battles: The History Of Disputed Elections In The United States, Edward B. Foley 2014 University of Maryland Francis King Carey School of Law

Ballot Battles: The History Of Disputed Elections In The United States, Edward B. Foley

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No abstract provided.


Why Campaign Finance Matters, Prithviraj Datta 2014 University of Maryland Francis King Carey School of Law

Why Campaign Finance Matters, Prithviraj Datta

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Due to the combination of a host of factors – among them being the Supreme Court decision in the case of Citizens United v FEC, the not-entirely-unrelated explosion of Super PACs as a political force in electoral politics, and the tremendous increase in the amounts that candidates and parties have been spending in their campaign efforts – the issue of campaign finance has, once again, rise to prominence in scholarly and public debate. Unsurprisingly, given the highly polarized and divisive political environment in which we live, the debate over campaign finance is characterized by a sharp cleavage of opinion regarding the normative ...


The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout 2014 University of Maryland Francis King Carey School of Law

The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout

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This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.


Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg 2014 University of Maryland Francis King Carey School of Law

Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg

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No abstract provided.


Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers 2014 University of Maryland Francis King Carey School of Law

Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers

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No abstract provided.


Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly 2014 University of Maryland Francis King Carey School of Law

Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly

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No abstract provided.


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