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Articles 1 - 30 of 111
Full-Text Articles in Law
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Popular Media
No abstract provided.
Mccutcheon V. Federal Election Commission, Stephen M. Degenaro
Mccutcheon V. Federal Election Commission, Stephen M. Degenaro
Notre Dame Law Review Reflection
McCutcheon v. Federal Election Commission involved a challenge to limits imposed on the amount a donor may contribute during a single election cycle. In McCutcheon, the Court was presented with the question of whether the aggregate limits placed on contributions to candidate and noncandidate committees either lacked a cognizable constitutional interest or were unconstitutionally too low. In a five to four decision, the Supreme Court held that the aggregate limits on campaign contributions burden substantial First Amendment rights without furthering a permissible government interest.
Rethinking Transparency In U.S. Elections, Rebecca Green
Rethinking Transparency In U.S. Elections, Rebecca Green
Faculty Publications
Bush v. Gore catapulted this country into a crisis of confidence in the management of our elections. Despite reforms since 2000, public confidence in election administration continues to wane. Are dead people on the rolls? Are noncitizens voting? Are provisional ballots wrongly rejected? State election transparency statutes meant to reassure the public that elections are producing legitimate results are often conflicting, vague, and even nonexistent. Exacerbating the problem, the last two decades have witnessed huge changes that offset the transparency balance. Dramatic changes in how Americans vote, how elections are administered, and who scrutinizes the election process call for a …
Florida On Trial: Federalism In The 2000 Presidential Election, Jon L. Mills
Florida On Trial: Federalism In The 2000 Presidential Election, Jon L. Mills
Jon L. Mills
This article analyzes how Florida's state election laws operated during the aftermath of the 2000 presidential election. The intersection of law and politics in this controversy was critical. Political considerations affected decisions in both the Bush and Gore camps. The aftermath of the 2000 election found the federal government, the National Conference of State Legislatures, and the State of Florida (among others) commissioning task forces and committees to investigate and suggest election reforms. Ultimately, the State of Florida passed significant election reform legislation. On May 10, 2001, Florida enacted sweeping election reform legislation entitled the Florida Election Reform Act of …
A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman
A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman
University of Richmond Law Review
No abstract provided.
On The Road To Watershed Hustings, Tan K. B. Eugene
On The Road To Watershed Hustings, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan noted that with just 23 months left in the 12th Parliament's five-year term, the next polls, which will have to be held by Jan 9, 2017, promise to be the watershed general election. He also commented that it will almost certainly be a straight fight between the ruling People's Action Party and the Workers' Party, providing some indication of whether Singapore is evolving from a one-party dominant to a two-party political system.
Reply Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 5475026, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon
Reply Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 5475026, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon
Court Briefs
No abstract provided.
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Catholic University Law Review
As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …
The Meme Of Voter Fraud, Atiba R. Ellis
The Meme Of Voter Fraud, Atiba R. Ellis
Catholic University Law Review
The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …
Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham
Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham
William & Mary Bill of Rights Journal
No abstract provided.
The Nudging Ballot? A Response To Professor Foley, Lisa Marshall Manheim
The Nudging Ballot? A Response To Professor Foley, Lisa Marshall Manheim
Articles
In a response to Professor Edward Foley's The Speaking Ballot: A New Way to Foster Equality of Campaign Discourse [89 N.Y.U. L. Rev. Online 52 (2014)], Professor Manheim notes that "the speaking ballot may, in fact, affect elections, that influence may be due less to a flourishing of informed and reasoned debate and more to the exploitation of subtle forms of voter manipulation." She raises questions about the decisions faced by election officials on candidate photographs and videos and timing of updated videos. She concludes: "In short, Professor Foley, through his call for the facilitation, rather than the limitation, of …
Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer
Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer
Appellate and Supreme Court Clinic
No abstract provided.
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Diversity After Shelby County V. Holder, William Roth
Judicial Diversity After Shelby County V. Holder, William Roth
Michigan Law Review First Impressions
In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …
Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 4059779, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon
Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 4059779, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon
Court Briefs
QUESTION PRESENTED
Whether Alabama’s legislative redistricting plans unconstitutionally classify black voters by race by intentionally packing them in districts designed to maintain supermajority percentages produced when 2010 census data are applied to the 2001 majority-black districts.
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Louisiana Law Review
The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.
Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine, Jesse Kodadek
Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine, Jesse Kodadek
Montana Law Review
Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah Jane C. Haan
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah Jane C. Haan
NULR Online
No abstract provided.
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Donald B. Tobin
This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
Douglas M. Spencer
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …
Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin
Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin
Donald B. Tobin
No abstract provided.
Campaign Disclosure And Tax-Exempt Entities: A Quick Repair To The Regulatory Plumbing, Donald B. Tobin
Campaign Disclosure And Tax-Exempt Entities: A Quick Repair To The Regulatory Plumbing, Donald B. Tobin
Donald B. Tobin
This article argues that there are some quick regulatory fixes the Treasury can implement to ensure that tax-exempt organizations are operating within the rules and that aggressive tax planning is not being used as a way to obfuscate rules for political organizations requiring disclosure. The article recommends that Treasury promulgate new regulations to require disclosure by tax-exempt entities of expenditures and contributions in excess of $25,000. The article also proposes that Treasury institute procedures to require tax-exempt organizations to file for exempt status, and to provide procedures for ensuring that these organizations meet the requirements in the statute and are …
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
James J. Woodruff II
This Article seeks to answer the following question: What are the actual limits the government can place on political speech at and around the polling place? In examining this question, this Article argues that some of the current limitations placed on polling-place activities are unconstitutional. Specifically, this Article focuses on the wearing of political slogans and images within the polling room and campaign-free zone and the placement of campaign signs within the campaign-free zone.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers
Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers
Nevada Law Journal
No abstract provided.
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
Washington Law Review
Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
Washington Law Review
Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Washington and Lee Law Review
No abstract provided.
Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate
Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate
Touro Law Review
No abstract provided.
Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield
Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield
Alan E Garfield
No abstract provided.