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Articles 1 - 30 of 43
Full-Text Articles in Law
Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault
Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault
Buffalo Law Review
No abstract provided.
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Following Prime Minister Lee's recent announcement that the Electoral Boundaries Review Committee (EBRC) had been convened, SMU Assistant Professor Eugene Tan opined that the 30-per-cent deviation rule, of which the EBRC operates on, is too wide and ?overly-generous? in small and compact Singapore. Professor Tan also commented that the committee's redrawing of electoral boundaries should avoid being seen as gerrymandering.
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
No abstract provided.
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Michigan Journal of International Law
From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin
The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin
Buffalo Public Interest Law Journal
No abstract provided.
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Washington International Law Journal
In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
West Virginia Law Review
No abstract provided.
The Vote From Beyond The Grave, Krysta R. Edwards
The Vote From Beyond The Grave, Krysta R. Edwards
William & Mary Law Review
No abstract provided.
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
William & Mary Bill of Rights Journal
No abstract provided.
Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro
Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro
Faculty Scholarship
For over one hundred years, the ballot initiative or proposition has been touted as a solution to some of the problems in the representative system of democracy in the United States. Depending on a state’s ballot initiative system, this mechanism enables citizens to make laws, to create or eliminate rights, or to amend the state’s constitution through a popular vote. Popular initiatives were initially intended to allow ordinary citizens to intervene in the democratic process when their representative officials were not carrying out their wishes. These proposition processes were supposed to create a space for public deliberation. By allowing the …
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels
Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels
All Faculty Scholarship
“We are left with a system in which almost every state still outsources its elections to what are actually private organizations.”
Federal, state and local governments are deeply indebted to private organizations, political parties, candidates, and private individuals to assist it, inter alia, in registering voters, getting citizens to the ballot box through get out the vote campaigns (GOTV), assisting limited English proficient (LEP) citizens, and monitoring Election Day activities. In a recent Supreme Court case, Crawford v. Marion County, Justice Souter recognized that voting legislation has “two competing interests,” the fundamental right to vote and the need for governmental …
Assembly Committee On Elections And Redistricting Summary Of Legislation 2010, Assembly Committee On Elections And Redistricting
Assembly Committee On Elections And Redistricting Summary Of Legislation 2010, Assembly Committee On Elections And Redistricting
California Assembly
No abstract provided.
Reconfiguración Del Sistema De Gobierno Peruano, Gian Carlos Mantari Mantari
Reconfiguración Del Sistema De Gobierno Peruano, Gian Carlos Mantari Mantari
GIAN CARLOS MANTARI MANTARI
No abstract provided.
Проблемы Регулирования И Реализации Полномочий Наблюдателей В Избирательных Правоотношениях, Leonid G. Berlyavskiy, Nickolay Taraban
Проблемы Регулирования И Реализации Полномочий Наблюдателей В Избирательных Правоотношениях, Leonid G. Berlyavskiy, Nickolay Taraban
Leonid G. Berlyavskiy
Elections as the most significant form of implementation of democracy demand maximum publicity and transparency. Only transparent and fair elections do the selected power legitimate. Observers as the subjects of electoral process both national and the international levels urged to provide publicity of activity of electoral bodies. Efficiency of realization of powers of observers depends on the quality of legal regulation of supervision in electoral legal relationship
Citizens Disunited, Steven L. Winter
Citizens Disunited, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Defending The Majoritarian Court, Amanda Frost
Defending The Majoritarian Court, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew D. Mccubbins
The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew D. Mccubbins
Faculty Scholarship
The dilemma of direct democracy is that voters may not always be able to make welfare- improving decisions. Lupia’s seminal work has led us to believe that voters can substitute voting cues for substantive policy knowledge. Lupia, however, emphasized that cues were valuable under certain conditions and not others. In what follows, we present three main findings regarding voters and what they know about California’s Proposition 7. First, much like Lupia reported, we show voters who are able to recall endorsements for or against a ballot measure vote similarly to people who recall certain basic facts about the initiative. We …
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
UIC Law Review
No abstract provided.
Governing The Presidential Nomination Commons, Brigham Daniels
Governing The Presidential Nomination Commons, Brigham Daniels
Faculty Scholarship
States jockeying to hold primaries and caucuses as early as possible has become the central theme of the presidential primary system. While the trend of racing to vote is not new, it has increased alarmingly. In 2008, more than half the states held contests by the first week of February. This free-for-all hurts the democratic process by encouraging uninformed voting, emphasizing the role of money in campaigns, and pressing candidates to rely on sound-bite campaigning. Because the presidential nomination is one of the most important decisions left to voters in the United States, this problem is well-recognized. It is also …
The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum
The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum
Scholarship@WashULaw
Following NAMUDNO, the search is on for a way to save section 5 of the Voting Rights Act (VRA). This Note offers a solution through an examination of the VRA’s most obscure provision: section 3. Commonly called the bail-in mechanism or the pocket trigger, section 3 authorizes federal courts to place states and political subdivisions that have violated the Fourteenth or Fifteenth Amendments under preclearance. This Note makes a two-part argument. First, the pocket trigger should be used to alleviate the NAMUDNO Court’s anxiety over the coverage formula’s differential treatment of the states. The Justice Department and civil rights groups …
Standardizing The Principles Of International Election Observation, Jonathan Misk
Standardizing The Principles Of International Election Observation, Jonathan Misk
Vanderbilt Journal of Transnational Law
On October 27, 2005, thirty-two international nongovernmental organizations (INGOs) and intergovernmental organizations (IGOs) signed the Declaration of Principles for International Election Observation, drafted with the assistance of the United Nations. For nearly four decades before the signing of the Declaration, international election observation rapidly gained acceptance as a legitimate method of guaranteeing free and fair elections and thus promoting lasting democratic institutions. Many INGOs and IGOs conducting observation missions--including the Organization for Security and Cooperation in Europe, the Organization of American States, the South African Development Community, and the Carter Center-independently developed standards for their observers to follow. As international …
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores
English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores
Kentucky Law Journal
No abstract provided.
Voter Deception, Gilda R. Daniels
Voter Deception, Gilda R. Daniels
All Faculty Scholarship
In our recent electoral history, deceptive practices have been utilized to suppress votes in an attempt to affect election results. In most major elections, citizens endure warnings of arrest, deportation, and even violence if they attempt to vote. In many instances, these warnings are part of a larger scheme to suppress particular voters, whom I call “unwanted voters,” from exercising the franchise. Recent advancements in technology provide additional opportunities for persons to deceive voters, such as calls alerting citizens that Republicans (Whites) vote on Tuesday and Democrats vote (Blacks) on Wednesday. In spite of this resurgence of deception, the statutes …
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying …
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Publications
This pilot study represents the first systematic attempt to determine how common lines are on Election Day, at what times of day lines are most likely to form, what are the bottlenecks in the voting process, and how long it takes an average citizen to cast his or her ballot. This study highlights the importance of evaluating polling station operations as a three-step process: arrival, check-in, and casting a ballot. We collected data during the 2008 presidential primary election in California, measuring the efficiency of the operational components of 30 polling stations across three counties. We found statistically significant, and …
Disclosures About Disclosure, Lloyd Hitoshi Mayer
Disclosures About Disclosure, Lloyd Hitoshi Mayer
Journal Articles
An often overlooked aspect of the Supreme Court’s recent decision in Citizens United v. FEC is the sharply contrasting factual accounts regarding disclosure of independent election-related spending. For eight of the Justices, such disclosure is constitutionally defensible because it enables voters to make informed decisions. For Justice Thomas, however, such disclosure is constitutionally suspect because of its potential to result in retaliation and related chilling of First Amendment speech in the form of financial contributions. The continuing importance of these contrasting narratives can be found not only in the pending Supreme Court case of Doe v. Reed, in which the …