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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 ...


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.


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.


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 ...


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.


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 ...


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 ...


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.


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 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.


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 ...


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.


Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz 2018 College of William & Mary Law School

Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz

William & Mary Law Review

No abstract provided.


Intent Is Enough: Invidious Partisanship In Redistricting, Justin Levitt 2018 College of William & Mary Law School

Intent Is Enough: Invidious Partisanship In Redistricting, Justin Levitt

William & Mary Law Review

When the Supreme Court last seriously grappled with partisan gerrymandering, all nine Justices concluded that an excessive injection of politics in the redistricting process violates the Constitution, but failed to agree on what is excessive (or who should decide). Commentators have since offered no shortage of assistance, offering various models to resolve exactly “how much is too much.” This effort is a sprint to answer the wrong question. It is perhaps the question Justices have asked, but not the one best illuminating the problem.

This Article suggests an alternative: not “how much,” but “what kind.” The Court wants to distinguish ...


Prophylactic Redistricting? Congress’S Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley 2018 College of William & Mary Law School

Prophylactic Redistricting? Congress’S Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley

William & Mary Law Review

The Voting Rights Act (VRA) has been an important mechanism for increasing participation by racial minorities in the electoral system. In recent years, however, the Supreme Court has demonstrated its willingness to reconsider the VRA’s constitutionality. Due to the broad prophylactic scope of section 2 of the VRA, two main developments pose risks to its continued validity.

First, the Supreme Court narrowed Congress’s enforcement power under Section 5 of the Fourteenth Amendment in City of Boerne v. Flores, and is likely to interpret Section 2 of the Fifteenth Amendment similarly. Section 2 of the VRA features many key ...


The Invalidation Of The Maine Congressional Term Limits Law: A Vindication Of Democracy, David A. Soley 2018 University of Maine School of Law

The Invalidation Of The Maine Congressional Term Limits Law: A Vindication Of Democracy, David A. Soley

Maine Law Review

On November 8, 1994, the voters of Maine enacted a term limits law that arbitrarily limited the democratic right to vote for the candidate of their choice. The law provided that Maine's United States Representatives could not appear on the ballot after six consecutive years of service and that Maine's United States Senators could not appear on the election ballot after twelve consecutive years of service. On May 26, 1995, the United States District Court for the District of Maine found that the law was an unconstitutional violation of the Qualifications Clauses of the United States Constitution and ...


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