Election Law Commons^™

Saving The Preachers The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi

Nicholas P. Cafardi

The Natural And The Familiar In Politics And Law, Michael R. Dimino

Michael R Dimino

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.

No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista

American University Law Review

There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …

Politics In The Non-Political Branch, Justin L. Swanson

College of Journalism and Mass Communications: Professional Projects

Across the country there exists a patchwork of legal systems by which judges are appointed retained. In some states, like Illinois, it is a fully political process where judges actively campaign for election to the bench. But a majority of states, including Nebraska, have adopted the Merit Selection System, which attempts to remove politics from these processes. Nevertheless, politics can enter into the retention votes. And when they do, it can be extremely difficult for judges to overcome.

Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel

Chicago-Kent Law Review

In determining the shape of the free speech rights and anti-corruption concerns that courts must balance in campaign finance cases, judges are influenced by their own underlying understandings of what an ideal democracy should look like. For judges to decide whether the government is appropriately regulating the political process, the rules that allow all citizens to interact with and shape their democracy, judges must first decide what that democracy ought to look like. This affords judges a great deal of discretion in campaign finance cases. Citizens United v. Federal Election Commission is a particularly bold judicial attempt to reshape the …

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …

The Impact Of Connecticut's Clean Election Law: An Empirical Quick Look, A. E. Rodriguez, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The State of Connecticut’s General Assembly passed a Clean Elections Law in 2005. In this paper we conduct a preliminary appraisal of the law’s performance based on recently published data on the voting results of the 2010 and 2008 state-wide office elections. The Clean Elections Law was considered among the most stringent in the nation at the time of its passage. It established full public financing for all elections to state offices, including the state legislature. The law applied to primaries as well as general elections. It allowed for supplemental monies in unbalanced contests pitting a privately-financed candidate against a …

Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, Stephen E. Sachs

Stephen E. Sachs

Responding to Samuel Issacharoff, On Political Corruption, 124 Harv. L. Rev. 118 (2010) In his comment on political corruption, Professor Samuel Issacharoff questions traditional accounts that aim to squeeze money out of politics entirely. Instead, he focuses on the danger that political spending will promote private influence over government policy. In this response, Professor Stephen E. Sachs argues that "private influence" is itself too broad a category to control, and that campaign finance policy should be restricted to a more manageable scope. Professor Sachs argues that if protecting the government from private influence is too diffuse a goal, we can …

Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.

Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh

American University Law Review

No abstract provided.

Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn

Sujit Choudhry

Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …

The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

The Central American Constitutional Identity, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

The Elected Presidency In A New Normal, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Asst Prof Eugene Tan shared his views on the outcome of the recently concluded Presidential Election and commented on the need for both the incoming President and the Government to evolve the office of the President in a manner that is in sync with Singaporeans' expectations.

What Do We Want In A Presidential Primary - An Election Law Perspective, Chad Flanders

University of Michigan Journal of Law Reform

Although the 2008 presidential primaries were in many ways a resounding success in terms of turnout, attention, and sheer excitement, many noted the pressing need for reform. States were rushing to hold their primaries sooner than ever, giving rise to "Super-Duper Tuesday," where twenty-four states had their primaries on the same day. The Democratic nominee at one point looked like it might be decided by the votes of so-called "Superdelegates"-party regulars beholden to no one. As the Democratic nomination contest wore on, Rush Limbaugh, in "Operation Chaos," encouraged his "dittoheads" to raid the party primaries of the Democrats, tilting the …

Television May Be Game-Changer, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

To wid presidential candidates will have to secure strong support across the political divide

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …

Is There A Truly Independent Candidate?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor of Law Eugene Tan provides an analysis of the three possible presidential election candidates, the Government's role in endorsing its preferred candidate and how the presidential election campaign is likely to pan out.