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Articles 1 - 30 of 42
Full-Text Articles in Law
Questions About Election Fraud, Jana Nestlerode
Questions About Election Fraud, Jana Nestlerode
Criminal Justice Faculty Publications
No abstract provided.
Election Guide California 2016, California Secretary Of State
Election Guide California 2016, California Secretary Of State
California Agencies
Table of Contents:
General Information
Nomination Requirements
Candidate Filing Information
Candidate Checklist
Pesidential Primary Election Calendar
Electors and the Electoral College
Independent Candidates
Political Party Information
Offices and Subdivisions
Calendars
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan
Scholarly Articles
Reform of campaign finance disclosure has stalled in Congress and at various federal agencies, but it is steadily unfolding in a firm-by-firm program of private ordering. Today, much of what is publicly known about how individual public companies spend money to influence federal, state, and local elections—and particularly what is known about corporate “dark money”—comes from disclosures that conform to privately negotiated contracts.
The primary mechanism for this new transparency is the settlement of the shareholder proposal, in which a shareholder trades its rights under SEC Rule 14a-8—and potentially the rights of other shareholders—for a privately negotiated social policy commitment …
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Maryland Law Review Online
No abstract provided.
A Skeptical Optimist’S Perspective On Canada Getting To Proportional Representation As An Electoral Reform, Craig Scott
A Skeptical Optimist’S Perspective On Canada Getting To Proportional Representation As An Electoral Reform, Craig Scott
Editorials and Commentaries
No abstract provided.
Section 2: The Court And The 2016 Election, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: The Court And The 2016 Election, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Immigration Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Immigration Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Montana Judicial Elections: Does The Past Hold Lessons For Future?, A. C. Johnstone
Montana Judicial Elections: Does The Past Hold Lessons For Future?, A. C. Johnstone
Faculty Journal Articles & Other Writings
No abstract provided.
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore is on the threshold of the most significant re-engineering to its constitutional architecture since the introduction of the Elected Presidency (EP) in 1991.
Arbitrating Ballot Battles, Rebecca Green
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Articles by Maurer Faculty
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
Voters’ Choice Showed Their Pragmatic Side, Tan K. B. Eugene
Voters’ Choice Showed Their Pragmatic Side, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The electoral victory by the People’s Action Party’s (PAP) Murali Pillai in Saturday’s by-election in Bukit Batok did not come as a surprise. Mr Murali won 61.2 per cent of the votes, defeating Singapore Democratic Party’s (SDP) Chee Soon Juan in a straight fight.
De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, Michael T. Morley
De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, Michael T. Morley
Scholarly Publications
No abstract provided.
Keeping Up With New Legal Titles, Tina M. Brooks
Keeping Up With New Legal Titles, Tina M. Brooks
Law Faculty Scholarly Articles
In this book review, Tina M. Brooks discusses Voters' Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections by Chris W. Bonneau and Damon M. Cann.
Will Tan Cheng Bock’S “Political Gambit” For Presidency Pay Off?, Tan K. B. Eugene
Will Tan Cheng Bock’S “Political Gambit” For Presidency Pay Off?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Emeritus Senior Minister Goh Chok Tong described Dr Tan’s move as a “calculated political gambit”, which came as a nine-member Constitutional Commission is reviewing the Elected Presidency framework, including the eligibility criteria for candidates. Mr Goh added that Dr Tan risked being misunderstood that he was trying to influence the Commission’s work.
The New Elections Clause, Michael T. Morley
The New Elections Clause, Michael T. Morley
Scholarly Publications
No abstract provided.
Upholding The Integrity Of The Ncmp Scheme, Tan K. B. Eugene
Upholding The Integrity Of The Ncmp Scheme, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Last Friday’s combative parliamentary debate on filling Ms Lee Li Lian’s vacated Non-Constituency Member of Parliament (NCMP) seat offered a foretaste of the dynamics between the ruling People’s Action Party (PAP) and the Workers’ Party’s (WP) in the 13th Parliament.
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, Douglas M. Spencer, Abby K. Wood
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, Douglas M. Spencer, Abby K. Wood
Faculty Articles and Papers
In recent years, the courts have invalidated a variety of campaign finance laws while simultaneously upholding disclosure requirements. Courts view disclosure as a less-restrictive means to root out corruption while critics claim that disclosure chills speech and deters political participation. Using individual-level contribution data from state elections between 2000 and 2008, we find that the speech-chilling effects of disclosure are negligible. On average, less than one donor per candidate is likely to stop contributing when the public visibility of campaign contributions increases. Moreover, we do not observe heterogeneous effects for small donors or ideological outliers despite an assumption in First …
Gender And The Structural Constitution, Paula A. Monopoli
Gender And The Structural Constitution, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, Frank A. Pasquale
First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias
Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias
Law Faculty Publications
In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
Faculty Articles
Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore embody a fundamental worry with judicial intervention into the political process: outcome-driven, partisan judicial decisionmaking. The Article investigates whether judges decide cases, particularly politically sensitive ones, based on their partisan loyalties more than the legal merits of the cases. It presents a novel method …
Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan
Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan
Law Librarian Scholarship
A story published recently in the Detroit News about a Michigan man “asserting a constitutional right to take ‘ballot selfies’ by challenging the state’s long-standing ban on voting station and polling place photography” sparked our interest in whether generational social media preferences might be the driving force for citizens who seek to overturn such laws. After all, the plaintiff is among the earliest born into the Millennial generation, over half of which (55%) have shared a selfie on social media as of 2014, a practice that has become ubiquitous even in politics.
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
Scholarly Publications
Many of the Supreme Court's important holdings concerning campaign finance law are not pure matters of constitutional interpretation. Rather, they are "contingent" constitution- al determinations: the Court's conclusions rest in substantial part on legislative facts about the world that the Court finds, intuits, or assumes to be true. While earlier commentators have recognized the need to improve legislative factfinding by the Supreme Court, other aspects of its treatment of legislative facts-particularly in the realm of campaign finance- require reform as well. Stare decisis purportedly insulates the Court's purely legal holdings and interpretations from future challenge. Factually contingent constitutional rulings should, …
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
The Shelby County Problem, Ellen D. Katz
The Shelby County Problem, Ellen D. Katz
Book Chapters
Decided on June 23, 2013, Shelby County v. Holder scrapped the coverage formula set forth in Section 4(b) of the Voting Rights Act (VRA). Congress first enacted this formula in 1965 and, in it, set forth criteria to identify places with low levels of voter participation that was likely attributable to racial discrimination. Once identified, "covered" jurisdictions needed to obtain federal approval, known as preclearance, before changing any electoral practice. Specifically, they needed to demonstrate to the U.S. Department of Justice or a federal court that proposed changes were not discriminatory in purpose or effect. Shelby County lifted the preclearance …
The New Elections Clause, Michael T. Morley
Financing Corporate Elections, Andrew A. Schwartz
Financing Corporate Elections, Andrew A. Schwartz
Publications
Elections for corporate directorships have become more competitive and expensive in recent years, raising important questions of corporate campaign finance, such as whether an insurgent campaign must disclose the source of its funding and whether a director is permitted to receive third-party compensation during her term in office (known as a "golden leash"). These present novel and unanswered issues of corporate law, but many analogous issues have been resolved in the political sphere using the First Amendment and a well-developed line of Supreme Court case law beginning with Buckley v. Valeo and continuing through Citizens United and other key precedents. …