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Full-Text Articles in Law
Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Fordham Urban Law Journal
The article begins by expressing surprise that there is no safeguard for regularly scheduled elections and that if an election would have to be cancelled or postponed it is unknown what would happen. It then discusses what happened to elections during 9/11/2001 and the lack of statutory guidance ensuing from there, and discusses how some states have addressed the problem of an affected election, and questions what would happen to the presidential election in the face of such events. It questions whether Congress should attempt to legislate for such an event and gives a suggestion for what can be done …
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Fordham Urban Law Journal
George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Fordham Urban Law Journal
This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York …
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Fordham Urban Law Journal
The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …