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The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty 2017 University of Maine School of Law

The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty

Maine Law Review

In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance ...


Election Slapps: Effective At Supressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah McGowan Kelly 2017 University of Maine School of Law

Election Slapps: Effective At Supressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah Mcgowan Kelly

Maine Law Review

Most states have established an intricate network of rules and procedures that independent candidates need to follow in order to get on the state’s ballot for the presidential election. If a candidate manages to make it onto a state’s ballot, most states also have a mechanism that allows almost anyone to challenge the process the candidate went through to get on the ballot. Citizens can challenge the candidate’s nomination petition, and then appeal the decision on the challenge at several different levels. An independent candidate running for national office can become embroiled in simultaneous petition challenges, and ...


Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase 2017 Notre Dame Law School

Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase

Journal of Legislation

No abstract provided.


The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit 2017 University of Michigan Law School

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.


One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley 2017 Indiana University Maurer School of Law

One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley

Indiana Law Journal

In 1863, on the hallowed fields at Gettysburg, Abraham Lincoln encapsulated a core principle of democracy by describing our system as a “government of the people, by the people, [and] for the people.” This definition accurately depicts the ideal of democracy—that supreme power is vested in the citizenry, not in the government itself. Since the American model is based on representative democracy instead of direct democracy, extreme scrutiny must be placed upon the system of choosing representatives if government is to accurately represent the will of the people.

One of the greatest abuses of a citizen’s voting rights ...


A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy 2017 Harvard Law School

A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy

Nevada Law Journal Forum

The question of interpreting Donald Trump’s election, in liberal discourse, is mainly “how can he have won, given that he is racist and sexist?” The answer of many of my friends is that he won because his racism and sexism appealed to a shockingly large part of the electorate, confirming that “our whole society is sexist and racist.” According to the liberal conception, this is particularly true of the non-college part of the electorate, which had more “traditional” (racist and sexist) values and less cognitive ability to figure out that he was going to screw them. If they were ...


The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman 2017 Boies, Schiller & Flexner LLP

The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman

University of Michigan Journal of Law Reform

The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in ...


Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith 2017 Indiana University Kelley School of Business

Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith

University of Michigan Journal of Law Reform

With the Russian government hack of the Democratic National Convention email servers and related leaks, the drama of the 2016 U.S. presidential race highlights an important point: nefarious hackers do not just pose a risk to vulnerable companies; cyber attacks can potentially impact the trajectory of democracies. Yet a consensus has been slow to emerge as to the desirability and feasibility of reclassifying elections—in particular, voting machines—as critical infrastructure, due in part to the long history of local and state control of voting procedures. This Article takes on the debate—focusing on policy options beyond former Department ...


Mccutcheon V. Federal Election Commision And The Supreme Court's Narrowed Defintion Of Corruption, Mikala Noe 2017 University of Maine School of Law

Mccutcheon V. Federal Election Commision And The Supreme Court's Narrowed Defintion Of Corruption, Mikala Noe

Maine Law Review

On June 17, 1972, five men were caught attempting to bug the offices of the Democratic National Committee in the Watergate complex in Washington D.C. The first link between this break-in and President Richard Nixon’s re-election campaign funds was discovered when a $25,000 cashier’s check, earmarked for Nixon’s re-election fund, was found to have been deposited into the bank account of one of the men involved in the break-in. Shortly thereafter, reporters revealed that then U.S. Attorney General John N. Mitchell controlled a secret campaign fund used to gather information about the Democratic Party ...


Domicile, Student Voters And The Constitution, John M. Greabe 2017 University of New Hampshire School of Law

Domicile, Student Voters And The Constitution, John M. Greabe

Legal Scholarship

[Excerpt] "The wisdom of using the Electoral College to choose our president is a hot topic. For the second time in 16 years (and the fifth time in our history), the "winner" of the national popular vote lost the presidential election in the Electoral College. To many, this "undemocratic" outcome seems wrong."


2016 Legislative Summary, Assembly Committee on Elections and Redistricting 2017 Golden Gate University School of Law

2016 Legislative Summary, Assembly Committee On Elections And Redistricting

California Agencies

No abstract provided.


Voting Realism, Gilda R. Daniels 2017 University of Baltimore School of Law

Voting Realism, Gilda R. Daniels

All Faculty Scholarship

Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.


Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff 2016 New York University School of Law

Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff

Indiana Law Journal

For the first time in at least a generation, the central focus of voting rights law has returned to the issue of eligibility to cast a ballot and the act of voting itself. Unlike in prior generations, the fights over voting are centrally part of a partisan battle for electoral supremacy and are not organized around perpetuating the historic sub-ordination of minority populations—whatever the localized impact on minorities that the new voting rules may trigger. In the partisan environment, courts face claims of exclusion that only imperfectly map onto constitutional prohibitions of discrimina-tory intent or statutory protections of minority ...


Questions About Election Fraud, Jana Nestlerode 2016 West Chester University of Pennsylvania

Questions About Election Fraud, Jana Nestlerode

Criminal Justice

No abstract provided.


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


Turning Cash Into Votes: The Law And Economics Of Campaign Contributions, Brett Silverberg 2016 University of Miami Law School

Turning Cash Into Votes: The Law And Economics Of Campaign Contributions, Brett Silverberg

University of Miami Business Law Review

As a result of the recent Citizens United decision and its “Super PAC” spawn, individuals, corporations, and unions are allowed to independently spend unlimited amounts to influence elections. The ramifications of the Citizens United ruling have seemingly had a grave impact on the 2016 Presidential Election. In addition to examining the laws—and their loopholes—of political campaign contributions, this Essay will also explore the economics of campaign contributions. Ultimately, there are two reasons as to why corporations provide such large sums of money: one is rent creation, which is the attempt to gain political favors for “special interests;” the ...


Election Law And The Presidency: An Introduction And Overview, Jerry H. Goldfeder 2016 Fordham University School of Law

Election Law And The Presidency: An Introduction And Overview, Jerry H. Goldfeder

Fordham Law Review

Americans now fully appreciate that presidential candidates are vying for a majority of the Electoral College votes, rather than the individual votes of constituents. Modern campaigns are organized around this goal, and commentators are focused on this reality. As a result, there has been an increased cry to reform the electoral process. After all, if every other public official in the land is elected by receiving more votes than their competitors, why should the President of the United States be elected in this apparently undemocratic fashion? The process appears even more unusual in that electors are chosen pursuant to state ...


Third-Party And Independent Presidential Candidates: The Need For A Runoff Mechanism, Edward B. Foley 2016 Ohio State University Moritz College of Law

Third-Party And Independent Presidential Candidates: The Need For A Runoff Mechanism, Edward B. Foley

Fordham Law Review

Consider what 2016 might have looked like if this better electoral system had been in place. Bloomberg then could have entered the race without risking being a spoiler. In a three-way race—Bloomberg, Clinton, and Trump—Bloomberg might have fizzled out, leaving a two-way race between Clinton and Trump. Since that is essentially how the election ended up anyway, the country would have been no worse off for having had a chance to consider Bloomberg as an alternative. But suppose, however, with Trump’s candidacy spinning out of control in a series of unacceptable comments (as it appeared to do ...


Ramshackle Federalism: America’S Archaic And Dysfunctional Presidential Election System, Anthony J. Gaughan 2016 Drake University Law School

Ramshackle Federalism: America’S Archaic And Dysfunctional Presidential Election System, Anthony J. Gaughan

Fordham Law Review

Accordingly, this Article proposes five sensible and achievable reforms to modernize the presidential election system. Each requires Congress and the federal government to play a much more proactive role in the presidential election system. The Constitution may be founded on federalist principles, but excessive decentralization is not serving us well in presidential election administration. In an age of tumultuous and accelerating change, the presidential election system must be modernized to meet the needs of twenty-first century America.


Rethinking Presidential Eligibility, Eugene D. Mazo 2016 George Mason University

Rethinking Presidential Eligibility, Eugene D. Mazo

Fordham Law Review

Many aspiring American Presidents have had their candidacies challenged for failing to meet the Constitution’s eligibility requirements. Although none of these challenges have ever been successful, they have sapped campaigns of valuable resources and posed a threat to several ambitious men. This Article examines several notable presidential eligibility challenges and explains why they have often been unsuccessful. The literature on presidential eligibility traditionally has focused on the Eligibility Clause, which enumerates the age, residency, and citizenship requirements that a President must satisfy before taking office. By contrast, very little of it examines how a challenge to one’s candidacy ...


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