Open Access. Powered by Scholars. Published by Universities.®

Election Law Commons

Open Access. Powered by Scholars. Published by Universities.®

995 Full-Text Articles 752 Authors 212958 Downloads 71 Institutions

All Articles in Election Law

Faceted Search

995 full-text articles. Page 1 of 30.

Election Guide California 2016, California Secretary of State 2016 Golden Gate University School of Law

Election Guide California 2016, California Secretary Of State

California Agencies

Table of Contents:
General Information
Nomination Requirements
Candidate Filing Information
Candidate Checklist
Pesidential Primary Election Calendar
Electors and the Electoral College
Independent Candidates
Political Party Information
Offices and Subdivisions
Calendars


The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer III 2016 Selected Works

The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii

Arthur Rizer

No abstract provided.


Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch 2016 Selected Works

Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch

Jill Fisch

No abstract provided.


To Protect The Right To Vote, Look To State Courts And State Constitutions, Joshua A. Douglas 2016 University of Kentucky College of Law

To Protect The Right To Vote, Look To State Courts And State Constitutions, Joshua A. Douglas

Joshua A. Douglas

This Issue Brief details the scope of voting rights under state constitutions, an overlooked source of the right to vote. Part I considers both the lack of a federal constitutional right to vote and the explicit right mentioned in virtually all state constitutions. Part II describes recent state-level voter ID cases, providing a summary of how courts facing litigation over voter ID laws have employed their state constitutions. Part III contends that state courts, instead of simply following narrow federal jurisprudence in “lockstep,” should give broader, independent force to their explicit state constitutional provisions conferring the right to vote. Part ...


State Judges And The Right To Vote, Joshua A. Douglas 2016 University of Kentucky College of Law

State Judges And The Right To Vote, Joshua A. Douglas

Joshua A. Douglas

State courts are paramount in defining the constitutional right to vote. This primacy of state courts exists in part because the right to vote is a state-based right protected under state constitutions. In addition, election administration is largely state-driven, with states regulating most of the rules for casting and counting ballots. State law thus guarantees—and state courts interpret—the voting rights that we cherish so much as a society. State courts that issue rulings broadly defining the constitutional right to vote best protect the most fundamental right in our democracy; state decisions that constrain voting to a narrower scope ...


Brief Of Amici Curiae Professors Joshua A. Douglas And Michael E. Solimine, Election Law Scholars, In Support Of Petitioners, Joshua A. Douglas, Michael E. Solimine 2016 University of Kentucky College of Law

Brief Of Amici Curiae Professors Joshua A. Douglas And Michael E. Solimine, Election Law Scholars, In Support Of Petitioners, Joshua A. Douglas, Michael E. Solimine

Joshua A. Douglas

Professor Joshua A. Douglas and Professor Michael E. Solimine are election law experts who have a particular interest in the procedural aspects of election litigation. Professors Douglas and Solimine are filing this brief because they have a keen interest in ensuring that the federal courts employ the proper procedure in election law cases, as doing so helps to resolve these disputes in a manner that best comports with the unique aspects of the electoral system. This brief explains why district courts should not use the pleading standard from Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft ...


Clearing The Political Thicket: Why Political Gerrymandering For Partisan Advantage Is Unconstitutional, Michael Parsons 2016 College of William & Mary Law School

Clearing The Political Thicket: Why Political Gerrymandering For Partisan Advantage Is Unconstitutional, Michael Parsons

William & Mary Bill of Rights Journal

No abstract provided.


Election Law Appeal Before The Court Of Appeals Of Tennessee, Daniel A. Horwitz 2016 Selected Works

Election Law Appeal Before The Court Of Appeals Of Tennessee, Daniel A. Horwitz

Daniel A. Horwitz

Brief of Appellant John Hamilton Before the Court of Appeals of Tennessee


Public Choice Theory, Catholic Social Teaching And Citizens United, Matthew J. Parlow 2016 University of St. Thomas, Minnesota

Public Choice Theory, Catholic Social Teaching And Citizens United, Matthew J. Parlow

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Stephen Colbert Is Right To Lampoon Our Campaign Finance System (And So Can You!), Ilya Shapiro 2016 University of St. Thomas, Minnesota

Stephen Colbert Is Right To Lampoon Our Campaign Finance System (And So Can You!), Ilya Shapiro

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Citizens United, Corporate Personhood, And Corporate Power: The Tension Between Constitutional Law And Corporate Law, Susanna Kim Ripken 2016 University of St. Thomas, Minnesota

Citizens United, Corporate Personhood, And Corporate Power: The Tension Between Constitutional Law And Corporate Law, Susanna Kim Ripken

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Disclosure In A Post-Citizens United Real World, Bradley A. Smith 2016 University of St. Thomas, Minnesota

Disclosure In A Post-Citizens United Real World, Bradley A. Smith

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Case Against Felon Voting, Roger Clegg, George T. Conway III, Kenneth K. Lee 2016 University of St. Thomas, Minnesota

The Case Against Felon Voting, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, Brian Greivenkamp 2016 University of Cincinnati Law Review

If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, Brian Greivenkamp

University of Cincinnati Law Review

No abstract provided.


Beyond Citizens United, Nicholas Almendares, Catherine Hafer 2016 Tulane Law School

Beyond Citizens United, Nicholas Almendares, Catherine Hafer

Fordham Law Review

The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the ...


Inventing Equal Sovereignty, Leah M. Litman 2016 Harvard Law School

Inventing Equal Sovereignty, Leah M. Litman

Michigan Law Review

The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights Act’s key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the equal sovereignty principle remains largely unexamined. This Article seeks to provide some clarity—both to establish the contours of the equal sovereignty doctrine and to evaluate whether it is a sound rule of constitutional federalism. The principle of equal sovereignty, as initially articulated by courts ...


Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram 2016 Stanford University

Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram

Journal of Intellectual Property Law

No abstract provided.


The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro 2016 Fordham University School of Law

The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro

Fordham Urban Law Journal

No abstract provided.


Keeping Up With New Legal Titles, Tina M. Brooks 2016 University of Kentucky College of Law

Keeping Up With New Legal Titles, Tina M. Brooks

Law Faculty Scholarly Articles

In this book review, Tina M. Brooks discusses Voters' Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections by Chris W. Bonneau and Damon M. Cann.


Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd 2016 Emory University School of Law

Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd

Michigan Law Review

Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor ...


Digital Commons powered by bepress