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Is Groton The Next "Evenwel"?, Paul H. Edelman 2019 Selected Works

Is Groton The Next "Evenwel"?, Paul H. Edelman

Paul Edelman

In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ``one person- one vote'' (OPOV). It was thought that there was little prospect of resolving this question soon as no appropriate instances of such behavior was known. That belief was mistaken. In this note I report on the Town of Groton, Connecticut which uses registered voting data to apportion seats in its Representative Town Meeting, and has done so since its incorporation in 1957 ...


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes 2019 Texas Weslyan University School of Law

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin 2019 Fordham University School of Law

Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin

Fordham Law Review Online

This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom ...


Election Law And White Identity Politics, Joshua S. Sellers 2019 Arizona State University, Sandra Day O'Connor College of Law

Election Law And White Identity Politics, Joshua S. Sellers

Fordham Law Review

The role of race in American politics looms large in several election law doctrines. Regrettably, though, these doctrines’ analyses of race, racial identity, and the relationships between race and politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine theories of democracy uncorrupted by white identity–based political calculations, while in fact such calculations, made on the part of both voters and political parties, are pervasive. In this Article, I appraise the doctrine pertaining to majority-minority voting districts, racial gerrymandering doctrine ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin 2019 University of St. Thomas, Minnesota

The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin

University of St. Thomas Law Journal

No abstract provided.


Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume 2019 Pepperdine University

Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume

Pepperdine Law Review

The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force ...


Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot 2018 Norwich University

Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot

Journal of Digital Forensics, Security and Law

This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by ...


A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green 2018 William and Mary Law School

A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green

Popular Media

No abstract provided.


Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School of Law 2018 Bangor Daily News

Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis 2018 University of Florida Levin College of Law

The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis

UF Law Faculty Publications

This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...


Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow 2018 University of Georgia School of Law

Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow

Journal of Intellectual Property Law

No abstract provided.


Counterfeit Campaign Speech, Rebecca Green 2018 William and Mary Law School

Counterfeit Campaign Speech, Rebecca Green

Popular Media

No abstract provided.


A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald 2018 Brooklyn Law School

A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald

Brooklyn Law Review

The U.S. Supreme Court struck down the coverage formula of the Voting Rights Act (VRA) in Shelby County. v. Holder in 2013. Members of Congress have attempted to renew the VRA with an updated coverage formula through the Voting Rights Advancement Acts of 2015 and of 2017. Unfortunately, Congressional Republicans have not supported either bill. Even if passed in its current form, the Supreme Court is likely to strike down the Voting Rights Advancement Act of 2017 (VRAA) for violating the principle of “equal sovereignty between the States” as set forth by the Court in Shelby County. Therefore, this ...


The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford 2018 Chicago-Kent College of Law

The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford

Chicago-Kent Law Review

Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note ...


Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel 2018 University of Southern California

Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel

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 ...


The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill 2018 Seattle University School of Law

The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill

Seattle University Law Review

The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally ...


Campaign Finance Transparency Affects Legislators' Election Outcomes And Behavior, Abby Wood, Christian R, Grose 2018 University of Southern California

Campaign Finance Transparency Affects Legislators' Election Outcomes And Behavior, Abby Wood, Christian R, Grose

University of Southern California Legal Studies Working Paper Series

Do audits by executive agencies impact the behavior of those audited? Does revealing negative information about candidates affect electoral results and behavior? Institutions that encourage transparency, such as campaign finance disclosure, influence mass and elite behavior. We theorize that greater transparency provides information to voters during legislative campaigns about the character of candidates, and that information affects voter and legislator behavior. The U.S. Federal Election Commission conducted random audits of 10 percent of U.S. House members in the 1970s. This FEC program is the only randomized experiment an agency has conducted on federal legislators and their electorates. We ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey 2018 Supreme Court of Delaware; University of Pennsylvania Law School

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship at Penn Law

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth 2018 UC Irvine School of Law

The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth

Chicago-Kent Law Review

This Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and ...


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