Law Commons^™

The Natural And The Familiar In Politics And Law, Michael R. Dimino

Michael R Dimino

Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn

Sujit Choudhry

Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …

Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Brazil has approved an Election Law known as "clean record" or "clean political career" Act (LC 135, 04/06/2010). This Act establishes ineligibility cases designed to prevent public administration against non ethical practices. It raises several constitutional troubles because it restricts basic civil rights of citizens not yet definitively condemned by the Courts as well as it has entered into force without respecting the minimum period required by art. 16 of the Constitution. Moreover, it does not respect the non-retroactivy rule, since it interferes with political rights of citizens from two years before its entry into force. There is, as seen, …

Роль Решений Конституционного Суда Российской Федерации В Развитии Институтов Избирательного Права, Leonid G. Berlyavskiy, Nickolay Taraban

Leonid G. Berlyavskiy

Сonstitutional Court of the Russian Federation though is not directly judical body under the permission of the electoral disputes, makes essential impact on the electoral process by adjustment of "game rules" on the electoral field, the constitutional estimation of existing clauses of the suffrage. Constitutional Court of the Russian Federation during its activity influences on the process of lawmaking in the field of the suffrage both on federal, and on regional levels

Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

No abstract provided.

Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.

Voting Rights And Election Law, Michael Dimino, Bradley Smith, Michael Solimine

Michael R Dimino

Disclosures About Disclosure, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

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 …

Direct Democracy, Herb Cihak

Herbert E. Cihak

No abstract provided.

Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

With a brief order issued at the end of its last term, the Supreme Court dramatically raised the stakes in Citizens United v. FEC. What many had predicted would be a case decided on narrow, technical grounds has now become a possible vehicle for overturning two key campaign finance precedents. By ordering re-argument and supplemental briefing on the issue of whether it should overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, the Court signaled that …

More Thoughts On The Compact Clause And The National Popular Vote: A Response To Professor Hendricks, Derek Muller

Derek T. Muller

This article briefly responds to three of the more salient issues noted by Professor Hendricks in her article "Popular Election of the President: Using or Abusing the Electoral College?, 7 ELECTION L.J. 218 (2008). First, I establish that the Supreme Court actually would enforce the requirement of congressional consent for the Compact under its current jurisprudence according to the "Political Consent" Compact Clause. Second, I define a "political compact," not merely in terms of the topic or type of the compact, but in terms of its function as a compact that tends to enlarge the power of some states at …

Electoral Systems And Its Constitutional Principles, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Those who must have the right to vote must have the right to a fair representation as well? This article discusses widely acknowledged principles concerned on how the electoral districts, the parties and even the ballots should be shaped. It also offers a theorectical approach to the problem concerning the formula for converting votes into seats in representative bodies. These are pivotal questions which have stimulated new studies throughout the democratic world. All of them require convincing answers because the legitimacy of democratic institutions depends, in a large extent, from the correctness of the answers to this set of themes. …

Wrestling With Muds To Pin Down The Truth About Special Districts, Sara Galvan

Sara C. Bronin

Federal, state, and local governments encourage and empower special districts—board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor the special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over …

2007 Election Law Issues, Legislation And Reforms, Herb Cihak

Herbert E. Cihak

No abstract provided.

The Help America Vote Act: Unmet Expectations?, Herb Cihak

Herbert E. Cihak

No abstract provided.

The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller

Derek T. Muller

Despite previous historical failed attempts to abolish the Electoral College at the federal level, in the months following the 2000 election, several lawyers, politicians, and academics concocted a novel plan to abolish the College at the State level. The National Popular Vote Interstate Compact would be enacted State by State and require each enacting State to give its electoral votes to the winner of a plurality of the national popular vote.

This Article does not attempt to address the merits or drawbacks of the system as a matter of policy. Instead, Part I begins with a brief history of the …

Hava And Arkansas Election Law Reform: Compliance And Promise, Herb Cihak

Herbert E. Cihak

No abstract provided.

Leadership Roles For Librarians, Herb Cihak, Joan Howland

Herbert E. Cihak

No abstract provided.

Teaching Legal Research In A Government Library, Herb Cihak

Herbert E. Cihak

No abstract provided.

The Futility Of Campaign Finance Reform: A Historical Perspective, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

From The Corrupt Few To The Incompetent Many: Questionable Causes And Unintended Effects Of The Direct Election Of Senators, Christopher Hoebeke

Christopher H Hoebeke

, August 31-September 3, 1995.

The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.