A Cure Worse Than The Disease?,
2013
University of Michigan Law School
A Cure Worse Than The Disease?, Ellen D. Katz
Articles
The pending challenge to section 5 of the Voting Rights Act insists the statute is no longer necessary. Should the Supreme Court agree, its ruling is likely to reflect the belief that section 5 is not only obsolete but that its requirements do more harm today than the condition it was crafted to address. In this Essay, Professor Ellen D. Katz examines why the Court might liken section 5 to a destructive treatment and why reliance on that analogy in the pending case threatens to leave the underlying condition unaddressed and Congress without the power to address it.
What Was Wrong With The Record?,
2013
University of Michigan Law School
What Was Wrong With The Record?, Ellen D. Katz
Articles
Shelby County v. Holder offers three reasons for why the record Congress amassed to support the 2006 reauthorization of the Voting Rights Act (VRA) was legally insufficient to justify the statute's continued regional application: (1) the problems Congress documented in 2006 were not as severe as those that prompted it to craft the regime in 1965; (2) these problems did not lead Congress to alter the statute's pre-existing coverage formula; and (3) these problems did not exclusively involve voter registration and the casting of ballots.
The Indianapolis Mayoralty Cases,
2012
Indiana University School of Law
The Indianapolis Mayoralty Cases, Robert C. Brown
Dr Robert Brown
No abstract provided.
Why The National Popular Vote Compact Is Unconstitutional,
2012
Brigham Young University Law School
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
BYU Law Review
Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …
Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation,
2012
University of Washington School of Law
Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation, Mark Tyson
Washington Law Review
The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about “legislative acts” or having “legislative acts” used against them as evidence. U.S. Supreme Court decisions delineating the scope of what constitutes a “legislative act” have an episodic feel and have failed to create a readily applicable test for new factual scenarios. One such scenario occurs when members of Congress communicate with state legislators regarding congressional redistricting. Courts must know how to handle instances where members of Congress assert legislative privilege in the redistricting context, and specifically when members of Congress assert the privilege in …
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?,
2012
University of Florida Levin College of Law
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process,
2012
Pepperdine University
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
Resolving Election Error: The Dynamic Assessment Of Materiality,
2012
William & Mary Law School
Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt
William & Mary Law Review
The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers,
2012
Pepperdine University
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
Pepperdine Law Review
No abstract provided.
Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson,
2012
Pepperdine University
Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson
Pepperdine Law Review
No abstract provided.
Election Law,
2012
McGuireWoods L.L.P., Richmond, Virginia
Election Law, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …
Lifting The Fog: Ending Felony Disenfranchisement In Virginia,
2012
University of Richmond School of Law
Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin
University of Richmond Law Review
No abstract provided.
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits,
2012
Pepperdine University
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Pepperdine Law Review
No abstract provided.
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting,
2012
Pepperdine University
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale
Pepperdine Law Review
No abstract provided.
Election Law Behind A Veil Of Ignorance,
2012
Saint Louis University School of Law
Election Law Behind A Veil Of Ignorance, Chad Flanders
Florida Law Review
Election law struggles with the question of neutrality, not only with its possibility—can election rules truly be neutral between parties?—but also with its definition. What does it mean for election laws to be ―neutral‖? This Article examines one form of election law neutrality, found in what it terms ―veil of ignorance rules.‖ Such rules are formed in circumstances where neither party knows which rule will benefit its candidates in future elections. This Article considers the existence of veil of ignorance rules in two recent election law controversies: the rule that write-in ballots must be spelled correctly (in the Lisa Murkowski …
Beyond The Red, Purple, And Blue: Election Law Issues In 2012,
2012
University of Richmond
Beyond The Red, Purple, And Blue: Election Law Issues In 2012, Keesha M. Gaskins, Stephen F. Huefner, Joshua N. Lief, Michael J. Pitts, Jocelyn F. Benson, Joshua A. Douglas, Rebecca Green, Dale Ho, Michael P. Mcdonald, Donald Palmer, Rob Richie
University of Richmond Law Review Symposium
The Symposium Welcome was given by Clint A. Nichols, the Allen Chair Editor for the University of Richmond Law Review, and Wendy C. Perdue, Dean & Professor of Law at the University of Richmond School of Law.
The “Get out the vote?” session was presented by Keesha M. Gaskins, Senior Counsel with the Brennan Center for Justice at New York University; Steven F. Huefner, Professor of Law and Director of Clinical Programs at The Ohio State University Moritz College of Law; Joshua N. Lief, Senior Assistant Attorney General for the Commonwealth of Virginia; and Michael J. Pitts, Professor of Law …
Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii, Esq.
Nevada Law Journal
No abstract provided.
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard,
2012
University of California - Berkeley
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross
Bertrall L Ross
No abstract provided.
The Administration Of A Republican Form Of Government (Enforcement),
2012
Ohio State University, Moritz College of Law
The Administration Of A Republican Form Of Government (Enforcement), Edward B. Foley, Richard L. Hasen, Edwin Bender, Laughlin Mcdonald, Andrew King-Ries
Browning Symposia & Lectures
Panel on enforcement.
Symposium Introduction & The Rules Of A Republican Form Of Government (Campaign Regulation),
2012
Panelist; Professor of Law, University of North Carolina School of Law
Symposium Introduction & The Rules Of A Republican Form Of Government (Campaign Regulation), William P. Marshall, Richard Pildes, Ciara Torres-Spelliscy, Anthony Johnstone
Browning Symposia & Lectures
Symposium Introduction by Anthony Johnstone.
Panel on campaign regulation.
