The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, 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 progressive states …
Mccutcheon V. Federal Election Commission And The Supreme Court's Narrowed Definition Of Corruption, 2017 University of Maine School of Law
Mccutcheon V. Federal Election Commission And The Supreme Court's Narrowed Definition Of Corruption, Mikala L. 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. During the resulting Watergate investigation, the …
Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, 2017 Florida State University College of Law
Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley
Scholarly Publications
No abstract provided.
More Public Education Needed On Changes To Ep System, 2017 Singapore Management University
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.
Domicile, Student Voters And The Constitution, 2017 University of New Hampshire School of Law
Domicile, Student Voters And The Constitution, John M. Greabe
Law Faculty 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."
Judging Law In Election Cases, 2017 Northwestern Pritzker School of Law
Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd
Faculty Articles
In Part I, we introduce our earlier work on election cases and judicial partisanship before setting forth our new approach to studying the influence of law on judicial decisionmaking. We describe the special nature of the election cases in our database that allow more persuasive inferences of judicial partisanship than typically derived in empirical work on judicial behavior. We then explain our new approach for measuring case strength based on counterpartisan decisionmaking by judges. In Part II, we apply our approach to case strength to our dataset and present our results. In a nutshell, partisanship appears to matter as expected …
Making Democracy Harder To Hack, 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 of Homeland Security Secretary …
Voting Realism, 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.
Judging Congressional Elections, 2017 University of Washington School of Law
Judging Congressional Elections, Lisa M. Manheim
Georgia Law Review
A pivotal clause of our Constitution suffers from
uncertainty and neglect. The result has scrambled the law
of contested congressional elections. These high-stakes
disputes turn on questions of procedure, and in particular
on questions of forum. Yet across the country, an
unpredictable and ad hoc set of regimes governs these
fundamental questions. The culprit behind the confusion
is Article I, Section 5 of the United States Constitution,
which states that "Each House shall be the Judge of the
Elections ... of its own Members." This command may
seem straightforward, if a bit unsettling-it allows
Congress to decide who has won …
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, 2017 University of Connecticut School of Law
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Faculty Articles and Papers
No abstract provided.
What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, 2017 Frost Brown Todd LLC
What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson
Kentucky Law Journal
No abstract provided.
2016 Legislative Summary, 2017 Golden Gate University School of Law
2016 Legislative Summary, Assembly Committee On Elections And Redistricting
California Agencies
No abstract provided.
Political Gerrymandering: Was Elbridge Gerry Right, 2017 Touro University Jacob D. Fuchsberg Law Center
Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill
Touro Law Review
No abstract provided.
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, 2017 University of Richmond
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo
Law Student Publications
In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where …
Judging Congressional Elections, 2017 University of Washington School of Law
Judging Congressional Elections, Lisa Marshall Manheim
Articles
This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.
State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …
The Corporation In The Marketplace Of Ideas, 51 J. Marshall L. Rev. 19 (2017), 2017 UIC School of Law
The Corporation In The Marketplace Of Ideas, 51 J. Marshall L. Rev. 19 (2017), Matthew Telleen
UIC Law Review
No abstract provided.
Legal Solutions To A Political Party National Committee Undermining U.S. Democracy, 51 J. Marshall L. Rev. 107 (2017), 2017 UIC School of Law
Legal Solutions To A Political Party National Committee Undermining U.S. Democracy, 51 J. Marshall L. Rev. 107 (2017), John Baglia
UIC Law Review
No abstract provided.
Judges As Politicians: The Enduring Tension Of Judicial Elections In The Twenty-First Century, 2017 New York University School of Law
Judges As Politicians: The Enduring Tension Of Judicial Elections In The Twenty-First Century, Richard Lorren Jolly
Notre Dame Law Review Reflection
Elections transform the basis of judicial legitimacy. Whereas a permanently appointed judiciary finds support in its supposed neutrality, the democratic judiciary demands responsiveness. Yet while this is obvious to scholars, the electorate, and most judges—and is in fact confirmed by much statistical data—the Supreme Court and others continue to insist that judicial campaigns can be sculpted to ensure robust democratic debate without compromising the bench’s impartiality. This Essay rejects the notion that the court can be both democratic and disinterested. It reviews the volatile history of judicial elections as well as the modern web of distinctions between protected and proscribable …
Electoral Evidence, 2017 University of Washington School of Law
Electoral Evidence, Peter Nicolas
Articles
Each year, millions of Americans cast votes for specific candidates or on specific ballot measures. Each such vote generates potential "electoral evidence," the admissibility of which may be the subject of dispute in subsequent litigation. The evidence may take various forms, including the marked ballot itself, a voter's testimony regarding her vote, or her written or oral statements regarding her vote.
Electoral evidence is most commonly offered in litigation over the election outcome itself, with the parties seeking to determine how certain individuals voted to resolve a close election. However, its potential relevance is not limited to such proceedings. It …
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, 2017 Vanderbilt University Law School
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to assess whether certain methods of selection have resulted in judiciaries that skew to the left or right compared with the public at large in those states. In particular, I examine the ideological preferences of state appellate judges in all 50 states over a 20-year period (1990-2010) as measured by their relative affiliation with the Republican or Democratic Party through campaign contributions, voter …