Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, 2018 University of Oklahoma College of Law
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations, 2018 University of Oklahoma College of Law
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
(At Least) Thirteen Ways Of Looking At Election Lies, 2018 University of Colorado Law School
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Publications
Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of …
(At Least) Thirteen Ways Of Looking At Election Lies, 2018 University of Oklahoma College of Law
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Legislating Against Lying In Campaigns And Elections, 2018 University of Oklahoma College of Law
Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers
Oklahoma Law Review
No abstract provided.
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, 2018 Duke Law School
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Judicial Intervention As Judicial Restraint, 2018 Duke Law School
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …
Mexico's 2018 Election, 2018 The University of Texas Rio Grande Valley
Mexico's 2018 Election, Irving W. Levinson
History Faculty Publications and Presentations
On July 1, 2018, Mexico held elections for the presidency, for all seats in the federal Chamber of Deputies, and for one third of the seats in the federal Senate.
Judicial Selection And The Search For Middle Ground, 2018 Indiana University Maurer School of Law
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Articles by Maurer Faculty
This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …
Editor’S Introduction, 2018 University of Oklahoma College of Law
False Speech And The First Amendment, 2018 University of Oklahoma College of Law
False Speech And The First Amendment, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, 2018 University of Oklahoma College of Law
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
Lies, Line Drawing, And (Deep) Fake News, 2018 University of Oklahoma College of Law
Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz
Oklahoma Law Review
No abstract provided.
The Right To Receive Foreign Speech, 2018 University of Oklahoma College of Law
The Right To Receive Foreign Speech, Joseph Thai
Oklahoma Law Review
No abstract provided.
A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, 2018 University of Kentucky
A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Joshua A. Douglas, Cody S. Barnett
Law Faculty Scholarly Articles
Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his …
The Supreme Court, Judicial Elections, And Dark Money, 2018 Columbia Law School
The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault
Faculty Scholarship
Judges, even when popularly elected, are not representatives; they are not agents for their voters, nor should they take voter preferences into account in adjudicating cases. However, popularly elected judges are representatives for some election law purposes. Unlike other elected officials, judges are not politicians. But judges are policy-makers. Judicial elections are subject to the same constitutional doctrines that govern voting on legislators, executives, and ballot propositions. Except when they are not. The same First Amendment doctrine that protects campaign speech in legislative, executive, and ballot proposition elections applies to campaign speech in judicial elections – but not in quite …
Reforming Campaign Finance Reform: The Future Of Public Financing, 2018 Columbia Law School
Reforming Campaign Finance Reform: The Future Of Public Financing, Richard Briffault
Faculty Scholarship
In his Seventh Annual Message to Congress on December 3, 1907, President Theodore Roosevelt proposed what he acknowledged was a “very radical measure”: public funding of election campaigns. Roosevelt had previously urged a federal campaign disclosure law and restrictions on corporate contributions, and Congress had adopted a corporate contribution ban earlier that year. But Roosevelt warned that disclosure and contribution limits alone would not be enough to truly reform campaign finance. “[L]aws of this kind,” that is, regulations of private campaign money, “from their very nature are difficult of enforcement,” Roosevelt observed. They posed the “danger” they would be “obeyed …
Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, 2017 William & Mary Law School
Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel
William & Mary Bill of Rights Journal
No abstract provided.
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, 2017 Washington and Lee University School of Law
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan
Sarah Haan
Reform of campaign finance disclosure has stalled in Congress and at various federal agencies, but it is steadily unfolding in a firm-by-firm program of private ordering. Today, much of what is publicly known about how individual public companies spend money to influence federal, state, and local elections—and particularly what is known about corporate “dark money”—comes from disclosures that conform to privately negotiated contracts.
The primary mechanism for this new transparency is the settlement of the shareholder proposal, in which a shareholder trades its rights under SEC Rule 14a-8—and potentially the rights of other shareholders—for a privately negotiated social policy commitment …
Gerrymandering And The Constitutional Norm Against Government Partisanship, 2017 Emory University School of Law
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against …