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Articles 1 - 30 of 54
Full-Text Articles in Law
The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi
The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi
Touro Law Review
The Supreme Court is set to hear a case that threatens the bedrock of America’s democracy, and it is not clear how it will shake out. The cumbersomely named “Independent State Legislature Theory” is at the heart of the case Moore v. Harper, which is before the Supreme Court this term. The theory holds that state legislatures should be free from the ordinary bounds of state judicial review when engaged in matters that concern federal elections. Despite being defeated a myriad of times at the Supreme Court, the latest challenge stems from a legal battle over North Carolina’s redistricting maps. …
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
Journal of Race, Gender, and Ethnicity
This Essay argues that the Roberts Court has been a pivotal institutional player in destabilizing constitutional democracy. It has enabled states to freely pursue agendas that are authoritarian in nature. And because authoritarianism is contrary to core principles of the Constitution, the Roberts Court’s constitutional jurisprudence has no basis in the Constitution and must ultimately be rejected.
Instead of taking steps to block authoritarian legislation and promote a fair and open political process, the Court has issued rulings catalyzing and reinforcing the authoritarian impulses of the former Jim Crow states. The Roberts Court has engaged in judicial review reinforcing authoritarianism, …
Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans
Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans
Touro Law Review
As currently interpreted, Section 2 of the Voting Rights Act (“VRA”) can be a double-edged sword for minority representation. Although it gives protected minority groups their own majority/minority districts, this can dilute minority influence in other districts. Recently, however, many jurisdictions have begun to adopt Instant Runoff Voting (“IRV”), a ranked-choice voting system where voters rank multiple candidates in order of preference. By letting voters express support for multiple candidates, IRV provides useful information about the behavior of minority groups that courts can use when enforcing the VRA. Specifically, ranked-choice voting systems can better show when a winning candidate supported …
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Scholarly Works
No abstract provided.
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky
Touro Law Review
No abstract provided.
Did The African-American Electorate Unintentionally Help Elect Donald Trump President?, C. Daniel Chill
Did The African-American Electorate Unintentionally Help Elect Donald Trump President?, C. Daniel Chill
Touro Law Review
No abstract provided.
Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill
Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill
Touro Law Review
No abstract provided.
Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling
Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling
Touro Law Review
No abstract provided.
Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams
Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams
Touro Law Review
No abstract provided.
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Touro Law Review
No abstract provided.
Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson
Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson
Journal of Race, Gender, and Ethnicity
No abstract provided.
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Path Forward From Shelby County V. Holder, Janet W. Steverson
The Path Forward From Shelby County V. Holder, Janet W. Steverson
Journal of Race, Gender, and Ethnicity
No abstract provided.
Grandpa, Charles Walker
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar
Journal of Race, Gender, and Ethnicity
No abstract provided.
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery
Journal of Race, Gender, and Ethnicity
No abstract provided.
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Post-Shelby County Game, Steven R. Morrison
The Post-Shelby County Game, Steven R. Morrison
Journal of Race, Gender, and Ethnicity
No abstract provided.
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith
Journal of Race, Gender, and Ethnicity
No abstract provided.
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Journal of Race, Gender, and Ethnicity
No abstract provided.
One Step Forward, Two Steps Backward: How The Supreme Court’S Decision In Shelby County V. Holder Eviscerated The Voting Rights Act And What Civil Rights Advocates Should Do About It, Pamela Edwards
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.
Frederick Douglass On Shelby County, Olympia Duhart
Frederick Douglass On Shelby County, Olympia Duhart
Journal of Race, Gender, and Ethnicity
No abstract provided.
Post Oppression, Christian B. Sundquist
Post Oppression, Christian B. Sundquist
Journal of Race, Gender, and Ethnicity
No abstract provided.
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Journal of Race, Gender, and Ethnicity
No abstract provided.