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Race And Regulation Podcast Episode 4 - Creating An Inclusive National Politics, Guy-Uriel Charles 2022 Harvard Law School

Race And Regulation Podcast Episode 4 - Creating An Inclusive National Politics, Guy-Uriel Charles

Penn Program on Regulation Podcasts

Throughout American history, racial inequality and political inequality have gone hand-in-hand. Building a truly representative democracy today and in the future will depend on ending racial discrimination in voting. In this episode, election law expert Guy-Uriel Charles of Harvard Law School argues that voting cannot be made a universal and fundamental right for all without nationalizing American election law and blocking states from adopting rules for redistricting and voting that exclude and disenfranchise minority voters. This episode is based on Prof. Charles’s 2021 Distinguished Lecture on Regulation at the University of Pennsylvania Carey Law School.


Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans 2022 University of Georgia School of Law

Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022), Philip Hackney 2022 University of Pittsburgh School of Law

Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022), Philip Hackney

Testimony

Are tax laws and IRS enforcement up to the task of overseeing the tax issues associated with the political activities of tax-exempt organizations? Though the tax laws governing the tax-exempt realm are wanting, our overall legal structure is not bad. It is justifiable at least. Where we fall down as a nation in this space is in the enforcement. We do not allocate enough resources to this arena, and we do not institutionally offer the support necessary to enforce these laws. These failures do not favor one party over the other but favor those interests in the country with the …


Maybe We Don't Need To Find Waldo After All: Why Preventing Voter Fraud Is Not A Compelling Interest, Brandon T. Goldstein 2022 William & Mary Law School

Maybe We Don't Need To Find Waldo After All: Why Preventing Voter Fraud Is Not A Compelling Interest, Brandon T. Goldstein

William & Mary Bill of Rights Journal

This Note takes the position, counter to established jurisprudence, that the prevention of voter fraud is not a compelling state interest that can independently justify restrictions on the right to vote. It will seek to do so through two mechanisms. First, it will argue that the right to vote is unjustifiably treated differently than other rights by courts, using a comparison to the Second Amendment right to bear arms. Second, it will argue that current jurisprudence holding the prevention of voter fraud to be a compelling interest misunderstands the inherent means-ends distinction in voting rights standards. The prevention of voter …


Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson 2022 Belmont University

Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson

Honors Scholars Collaborative Projects

Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …


The Case Against Florida Statute §98.0751, Lyndsey Gallwitz 2022 The University of Akron

The Case Against Florida Statute §98.0751, Lyndsey Gallwitz

Akron Law Review

Felony disenfranchisement laws prevent millions of American citizens from voting. While the recent legal trend has been to eradicate felony disenfranchisement, each state currently has a unique framework, and the issue remains unsettled nationwide. In 2018, the state of Florida passed a constitutional amendment that allowed felons to regain their right to vote once their sentence was finished. Soon after, the Governor DeSantis signed Fla. Stat. Ann. § 98.0751 into law, which required felons to pay off all court cost before their right to vote will be restored. This new law prevented thousands of otherwise eligible felons from voting in …


Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg 2022 Benjamin N. Cardozo School of Law

Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg

Online Publications

Earlier this year, with the 2022 midterm elections looming, New York’s Democratic members of Congress sued their own state Board of Elections in federal court for unconstitutional practices that disqualify ballots cast by duly registered voters. Chief among the alleged violations of New Yorkers’ right to vote is the practice of fully disqualifying so-called “wrong church” ballots cast by lost or misdirected voters at poll sites other than the ones to which they are assigned.


Beyond Citizens United: Democratizing The Economy In The Wake Of The Small-Dollar Revolution, Jay Hedges 2022 St. John's University School of Law

Beyond Citizens United: Democratizing The Economy In The Wake Of The Small-Dollar Revolution, Jay Hedges

Journal of Civil Rights and Economic Development

(Excerpt)

Citizens United increases the power of corporations over our political process. Under current corporate governance laws, permission for corporations to behave as political actors ignores the consent of a particularly important constituency of these business entities—labor. This neglect of workers reveals three democratic crises resulting from the corporate structure in the United States, which have only intensified following Citizens United. First, while the political speaking-power of corporations has been substantially increased, these entities lack legitimacy to speak on behalf of their labor constituency. Second, the use of corporate profits, generated by the corporation’s labor force, as the means …


Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana DePaul 2022 Liberty University

Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul

Helm's School of Government Conference

No abstract provided.


The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack M. Beermann, Gary S. Lawson 2022 Boston University School of Law

The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack M. Beermann, Gary S. Lawson

Faculty Scholarship

In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state's electoral votes are unconstitutional. …


“A Mystifying And Distorting Factor”: The Electoral College And American Democracy, Katherine Shaw 2022 Benjamin N. Cardozo School of Law

“A Mystifying And Distorting Factor”: The Electoral College And American Democracy, Katherine Shaw

Michigan Law Review

A Review of Let the People Pick the President: The Case for Abolishing the Electoral College. By Jesse Wegman.


Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden 2022 Roger Williams University School of Law

Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer 2022 LMU-Duncan School of Law

Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer

Cleveland State Law Review

Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican opponents. Brnovich follows the highly divisive 2020 presidential election that Joe Biden won against former President Trump based on very narrow margins in highly contested swing states, notwithstanding a nationwide popular margin of more than 8 million votes. This blurring of the lines between …


Sb 202: Revisions To Georgia's Election And Voting Procedures, Leila Fawaz, Kate Mize, Monica Vu 2022 Georgia State University College of Law

Sb 202: Revisions To Georgia's Election And Voting Procedures, Leila Fawaz, Kate Mize, Monica Vu

Georgia State University Law Review

This Act primarily functions to revise elections and voting in three significant areas: voting access, ballot counting, and power and controls. With regard to voting access, the Act confines drop boxes to early voting sites, requires identification for absentee voting, changes the early voting hours, criminalizes the handing out of food and water to voters in line, moves up absentee ballot deadlines, bans voting buses, deems provisional ballots cast in the improper precinct void, restricts the mass mailing of absentee ballot request forms, removes limitations on voter eligibility challenges, and opens the potential for more voting sites when there are …


Latinxs Reshaping Law & Policy In The U.S. South, Luz E. Herrera, Pilar M. Hernández-Escontrías 2022 Texas A&M University School of Law

Latinxs Reshaping Law & Policy In The U.S. South, Luz E. Herrera, Pilar M. Hernández-Escontrías

Faculty Scholarship

This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this gap in legal research, this article provides an overview of the major law and policy challenges and opportunities for Latinxs in this U.S. region. Part II examines the geopolitical landscape of the South with special focus on the enduring legacy of Jim …


Sb 221: The Creation Of Election Leadership Committees, Nolan Hendricks, PJ Spina 2022 Georgia State University College of Law

Sb 221: The Creation Of Election Leadership Committees, Nolan Hendricks, Pj Spina

Georgia State University Law Review

The Act primarily provides for the creation of leadership committees that accept contributions and make expenditures for the purpose of affecting the outcome of elections or advocating for the election or defeat of candidates. The governor, lieutenant governor, or a political party’s nominee for those positions, and the Democratic and Republican leaders in the state Senate and House would control and chair such committees: specifically, one person designated by the majority caucus of the House of Representatives, one by the minority caucus of the House of Representatives, one by the majority caucus of the Senate, and one by the minority …


Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper 2022 University of Washington School of Law

Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper

Washington Law Review

As John Lewis said, “[the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union.” The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its little-known protection against voter intimidation, section 11(b).

Although the term “voter intimidation” may connote armed confrontations at polling places, some forms of intimidation are much more subtle and insidious—dissuading voters from heading to the polls on election day rather than confronting them outright when …


The President Who Cried Voter Fraud: A Recurring Theme Of Baseless Allegations, Alyssa F. McCartney 2022 University of Massachusetts School of Law

The President Who Cried Voter Fraud: A Recurring Theme Of Baseless Allegations, Alyssa F. Mccartney

University of Massachusetts Law Review

In 2019, Pennsylvania enacted Act 77, the first update to the Pennsylvania Election Code in nearly eighty years. Passed on a bipartisan basis, the law included a measure that permitted “no reason” mail-in ballots. Act 77 allowed any registered voter to request a ballot by mail, fill it out in the applicable time frame, and send it back to be processed. In the wake of a global pandemic that left Americans unable to leave their homes, this necessary update caused quite the controversy only a few months after it was passed. The primary election used the updated process for the …


You Can't Have Your Vote And Dilute It Too: Closing The Voting Rights Act Loophole In Gerrymandering Claims, Megan B. Kelly 2022 William & Mary Law School

You Can't Have Your Vote And Dilute It Too: Closing The Voting Rights Act Loophole In Gerrymandering Claims, Megan B. Kelly

William & Mary Law Review

The problem with creating and enforcing redistricting standards arises poignantly in racial gerrymandering cases that involve VRA section 2 compliance. In many ways, the rights that the Equal Protection Clause seeks to protect are at odds with the rights that section 2 seeks to protect. On the one hand, equal protection asserts a certain color-blindness, an interest in minimizing the focus on race and, in doing so, maximizing equality for all. On the other hand, the VRA suggests, and in fact requires, line-drawers keep at least one eye on race when drawing lines.

These opposing rights create a tension, which …


Blocking The Ballot Box: The Republican War On Voting Rights, Brendan Williams 2022 William & Mary Law School

Blocking The Ballot Box: The Republican War On Voting Rights, Brendan Williams

William & Mary Journal of Race, Gender, and Social Justice

This Article addresses threats to the right to vote that have arisen since 2018, when voter suppression efforts were key to denying Stacey Abrams, the Black Democratic nominee, victory over Republican Brian Kemp in the Georgia gubernatorial race, while Kemp, in administering his own election while Georgia’s Secretary of State, “laid out a chilling blueprint of voting suppression for other states to follow.”

This Article begins by examining the early Republican voter intimidation tactics that resulted in a consent decree, as these can be viewed as part of a continuum to the present day. It discusses the two U.S. Supreme …


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