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Articles 1 - 3 of 3
Full-Text Articles in Law
Voter Identification, Spencer Overton
Voter Identification, Spencer Overton
Michigan Law Review
In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) "common sense" arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a photo-identification …
Uncovering Identity, Paul Horowitz
Uncovering Identity, Paul Horowitz
Michigan Law Review
This Review raises several questions about Yoshino's treatment of identity, authenticity, and the "true self' in Covering. Part I summarizes Yoshino's book and offers some practical criticisms. Section II.A argues that Yoshino's treatment of authenticity and identity leaves much to be desired. Section II.B argues that Yoshino's focus on covering as an act of coerced assimilation fails to fully capture the extent to which one's identity, and one's uses of identity, may be fluid and deliberate. Section II.C focuses on another identity trait that runs through Yoshino's book, always present but never remarked upon: those aspects of identity and …
When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio
When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio
Michigan Law Review
This Note argues that interpreting section 2 to exclude initiative proposals during their circulation phase is the only way to avoid insurmountable statutory construction problems and constitutional objections. It grounds the theoretical discussion of the VRA in an analysis of how the court applied section 2 in Operation King's Dream. Part I provides the legal landscape of a section 2 claim, including relevant legislative history and the essential elements of a successful claim. Part II contends that because no voting takes place during the petition phase of a proposal, petition circulation can neither deny nor abridge the right to …