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Texas Disenfranchisement Of Felons, Michelle Baker 2022 Collin College

Texas Disenfranchisement Of Felons, Michelle Baker

Quest

Policy Research Project

Research in progress for GOVT 2306: Honors Texas Government

Faculty Mentor: Tiffany Cartwright, Ph.D.

Michelle Baker wrote the following research paper as an assignment for my online GOVT 2306: Honors Texas Government class during the Fall 2020 semester. The class assignment helps students begin to formulate a classic policy paper, in which alternative policy options are discussed and analyzed, ultimately leading to a preferred policy option. Students submitted just a few paragraphs of the paper at a time over the course of the fall semester before finally pulling everything together in one cohesive research paper. As Michelle’s …


Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor of Constitutional Law 2022 Wayne State University Law School

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Robert Cover's metaphor of law as a bridge to an imagined future emphasizes the forward-facing character of law. But this is often obscured by law's backward-looking practice. The pathologies of contemporary judicial methodologies such as textualism distort the meaning and operation of law. Law has a distinctive temporal structure—an ontology—that defines it as a social institution. It knits together past, present, purpose, and projected future into a demand for action. Neglect one element of the complex dynamic and the bridge to an imagined future becomes what Václav Havel describes as “a bridge of excuses.” Law lives in the traffic between …


The Messy History Of Michigan’S “Purity Clause”, Joshua Perry 2022 Of Counsel, Perry Guha, LLP

The Messy History Of Michigan’S “Purity Clause”, Joshua Perry

Michigan Law Review Online

So it’s worth asking: What does the Purity Clause actually mean? Can contemporary courts properly invoke it to justify restrictions purportedly aimed at controlling “voter fraud”? Should they?

Part I diagnoses the problem: Recently, Michigan courts have invoked the Purity Clause to legitimize voting rights restrictions without applying their usual tools of constitutional interpretation or scrutinizing the Clause’s complex history. As a result, voting restrictions have been justified by reference to a badly underexamined constitutional provision.

Part II examines the Clause with the tools that Michigan courts use to interpret the state constitution. This Part argues that neither the original …


Women, Motherhood, And The Quest For Easier Entry Into Campaigns For Elected Office, Harold Melcher 2022 Mitchell Hamline School of Law

Women, Motherhood, And The Quest For Easier Entry Into Campaigns For Elected Office, Harold Melcher

Mitchell Hamline Law Review

No abstract provided.


Hyperpartisanship, Impeachment, And The Unchecked Executive Branch, Lindsay Dreyer 2022 Mitchell Hamline School of Law

Hyperpartisanship, Impeachment, And The Unchecked Executive Branch, Lindsay Dreyer

Mitchell Hamline Law Review

No abstract provided.


Voting Rights For People With Diminished Mental Capacity, Courtney Schiffler 2022 Mitchell Hamline School of Law

Voting Rights For People With Diminished Mental Capacity, Courtney Schiffler

Mitchell Hamline Law Review

No abstract provided.


Spillover Effects Of Quota Or Parity Laws: The Case Of Ecuador Women Mayors, MARCOS FABRICIO PEREZ, Santiago Basabe-Serrano 2022 Wilfrid Laurier University

Spillover Effects Of Quota Or Parity Laws: The Case Of Ecuador Women Mayors, Marcos Fabricio Perez, Santiago Basabe-Serrano

Political Science Faculty Publications

Do quota or parity laws designed to improve the representation of women in plurinominal elections have a spillover effect to uninominal elections? We empirically test this theory by analyzing the effects of quota and parity legislations implemented in Ecuador for plurinominal elections on the proportion of women elected as mayors. Through an unpublished database, our results show that after the implementation of such legislation, the probability of a woman being elected as mayor almost doubles (ceteris paribus). We also find evidence that a possible causal chain for the documented spillover effects is the increasing importance of female role models, motivated …


Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli 2022 University of Maryland Francis King Carey School of Law

Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …


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 Beermann, Gary 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 Beermann, Gary Lawson

FIU Law Review

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, is unconstitutional. …


Minority And Vulnerable Populations Voting By Mail: A Convenience Or A Disadvantage, Kylan Sophia Josephine Memminger 2022 Washington and Lee University School of Law

Minority And Vulnerable Populations Voting By Mail: A Convenience Or A Disadvantage, Kylan Sophia Josephine Memminger

Washington and Lee Journal of Civil Rights and Social Justice

Mail-in voting has feverishly gained popularity in the United States over the last few primary and general elections. In light of this new balloting reality, a trend has emerged. Statistics from minority and vulnerable populations reveal that mail-in ballots composed and sent by these groups have been consistently rejected at a higher rate compared to majority populations. This Note begins by surveying the constitutional background for bringing a challenge to voting rights legislation, while confronting the divisive history of legal precedent surrounding these claims. This Note then analyzes the Supreme Court’s decision in Crawford v. Marion County Election Board and …


The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov 2022 Harvard Law School

The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov

Washington and Lee Journal of Civil Rights and Social Justice

Amidst the unprecedented disruption caused by COVID-19, workplace lawsuits around the country began to apply a longstanding common law theory in a novel way: employee plaintiffs argued that their employers’ noncompliance with state and federal public health guidance designed to curb the spread of the virus should be enjoined as a public nuisance. Although some of these initial public nuisance suits were dismissed, others successfully forced defendant businesses to either alter their COVID safety practices or temporarily close. This Article explores the first pandemic-era public nuisance suit, Rural Community Workers Alliance v. Smithfield Foods, brought by meatpacking plant workers …


Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans 2022 Touro University Jacob D. Fuchsberg Law Center

Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans

Touro Law Review

As currently interpreted, Section 2 of the Voting Rights Act (“VRA”) can be a double-edged sword for minority representation. Although it gives protected minority groups their own majority/minority districts, this can dilute minority influence in other districts. Recently, however, many jurisdictions have begun to adopt Instant Runoff Voting (“IRV”), a ranked-choice voting system where voters rank multiple candidates in order of preference. By letting voters express support for multiple candidates, IRV provides useful information about the behavior of minority groups that courts can use when enforcing the VRA. Specifically, ranked-choice voting systems can better show when a winning candidate supported …


Judicial Retention Elections For State Appellate Judges: The Implications Of The Ballot-Access Cases, James Blumstein 2022 Vanderbilt University Law School

Judicial Retention Elections For State Appellate Judges: The Implications Of The Ballot-Access Cases, James Blumstein

Vanderbilt Law School Faculty Publications

This Article considers methods by which state appellate court judges are selected. It focuses on the evolution of and rationale for the so-called merit-selection system, a hybrid approach that prevails in a substantial number of jurisdictions. Under merit selection, there is an initial gubernatorial appointment based on recommendations from a nominating committee and a retention election, which is limited to a single candidate and a single question: whether the initially appointed appellate judge should be retained so as to serve a new term. The retention election is a form of election that satisfies states’ requirements that judges be elected. But …


Black Women & Women's Suffrage: Understanding The Perception Of The Nineteenth Amendment Through The Pages Of The Chicago Defender, Tamar Anna Alexanian 2022 Children’s Law Center of California

Black Women & Women's Suffrage: Understanding The Perception Of The Nineteenth Amendment Through The Pages Of The Chicago Defender, Tamar Anna Alexanian

Michigan Journal of Gender & Law

Susan B. Anthony once famously stated, “I will cut off this right arm of mine before I will ever work for or demand the ballot for the Negro and not the woman.” The racism of many early suffragettes has been well documented and discussed; Black suffragettes and other suffragettes of color were, at best, relegated to the margins of the movement and, at worst, scorned and turned away by white suffragettes. Moreover, part of white suffragettes’ strategy for passage of the Nineteenth Amendment was based on racist appeals to white men; white suffragettes claimed that passage of the Nineteenth Amendment …


On Foxes And Hedgehogs, Roger P. Alford 2022 Notre Dame Law School

On Foxes And Hedgehogs, Roger P. Alford

Journal Articles

This Article is about John Nagle’s many means to one great end. It will outline the many themes of his scholarship: (i) environmental law, (ii) statutory interpretation, (iii) constitutional law, (iv) nuisance and pollution, (v) election law and campaign finance, (vi) Christianity and the environment, and (vii) national parks. It will offer conclusions on how he used his scholarly interests as a means to pursue his overarching worldview.


What Comes After January 6? On The Contingent Congressional Procedure, William B. Ewald 2022 University of Pennsylvania Carey Law School

What Comes After January 6? On The Contingent Congressional Procedure, William B. Ewald

Faculty Scholarship at Penn Carey Law

Most criticism of the system of presidential election focuses on the Electoral College, and most criticism of the Electoral College focuses narrowly on the shortcomings of the Electoral College itself. The objections are well known. The most basic is an objection of political principle. The Electoral College, on its face, deviates from the democratic principle of one-person-one-vote and gives the vote of a citizen in Wyoming approximately the same weight as 3.5 votes in California. The result is an unequal distribution of political power, both between citizens and among states. We can call this the 3.5:1 problem.

There are …


The Text And The Ballot Box: S.3, S.33 And The Right To Cast An Informed Vote, Jamie Cameron 2022 Osgoode Hall Law School of York University

The Text And The Ballot Box: S.3, S.33 And The Right To Cast An Informed Vote, Jamie Cameron

All Papers

Section 33, which empowers legislatures to override most of the Charter’s fundamental rights and guarantees, has resurfaced in recent years and more ominously, as a rights-negating mechanism. The relationship between s.33 and the Charter’s non-derogable rights is one issue that has arisen under s.33 legislation enacted by Quebec and Ontario. In Ontario, Bill 307’s use of the override to reinstate unconstitutional restrictions on third party political advertising also engages the democratic rights of voters protected by s.3 of the Charter. In marking the first time override legislation forms the backdrop to s.3’s interpretation, Working Families v. Ontario …


Felony Financial Disenfranchisement, Neel U. Sukhatme, Alexander Billy, Gaurav Bagwe 2022 Georgetown University Law Center

Felony Financial Disenfranchisement, Neel U. Sukhatme, Alexander Billy, Gaurav Bagwe

Georgetown Law Faculty Publications and Other Works

Individuals with prior felony convictions often must complete all terms of their sentence before they regain voter eligibility. Many jurisdictions include legal-financial obligations (LFOs) — fines, fees, and/or restitution stemming from convictions — in the terms of the sentence. Twenty-eight states, governing over 182 million Americans, either directly or indirectly tie LFO repayment to voting privileges, a practice we call felony financial disenfranchisement.

Proponents of felony financial disenfranchisement posit that returning citizens must satisfy the financial obligations stemming from convictions to restore themselves as community equals. Moralism aside, others claim low rates of electoral participation among those with felony convictions …


Election Surveillance, Rebecca Green 2022 William & Mary Law School

Election Surveillance, Rebecca Green

Faculty Publications

For most of this country's history, we have relied on human eyes and ears to oversee our system of elections. Modern surveillance tools, from cell phones to video streaming platforms, are now cheap and ubiquitous. Technology holds great promise to increase election transparency. But the 2020 election confirmed what has become quite clear: the use of technology to record election processes does not always serve the goal of reassuring the public of the integrity of elections; in fact, it can do the opposite. As legislatures around the country reexamine rules governing elections following the 2020 election, an underexplored question is …


To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler 2022 University of Michigan Law School

To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler

Other Publications

This paper provides an overview of cases decided under Section 2 of the Voting Rights Act between September 1, 1982 and December 31, 2021. It updates our 2006 study documenting Section 2 litigation through 2005. Of note is the substantial decline in the number of Section 2 cases decided and diminished success for the plaintiffs who bring them. While recent litigation (including Brnovich and Merrill v. Milligan) suggests that Section 2 is likely to occupy, at best, a diminished role in future electoral disputes, this paper shows that Section 2’s reach had already declined significantly prior to recent disputes. …


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