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Articles 1 - 24 of 24
Full-Text Articles in Law
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Journal Articles
No abstract provided.
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After much hype and anticipation that preceded it, Singapore’s sixth presidential election in September 2017 quickly reached an anti-climatic end when the Presidential Elections Committee in pre-qualifying three presidential hopefuls determined that only one person, Madam Halimah Yacob, was eligible to contest.
Section 6: Election Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Election Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Faithless Elector And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules
The Faithless Elector And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules
Faculty Publications
Presidential electors are generally expected to vote for the candidate who won their state's election, and those who do not are referred to as "faithless electors." A majority of states have laws of varying types that bind their electors to vote for the winning presidential candidate. The 2016 election, for the first time in modern history, produced a serious movement urging electors to cast faithless votes against Donald Trump. Although this movement was not successful, 2016 saw the most faithless electors in recent history by a large margin. Three separate, ultimately unsuccessful, lawsuits were filed by would-be faithless electors in …
The Right To Vote Under Local Law, Joshua A. Douglas
The Right To Vote Under Local Law, Joshua A. Douglas
Law Faculty Scholarly Articles
A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This Article—the first to explore in depth the local right to vote—completes the trilogy. Cities and towns across the country are expanding the right to vote in municipal elections to include sixteen- and seventeen-year-olds, noncitizens, nonresident property owners, and others. Berkeley, California, for example, …
The Boundaries Of Partisan Gerrymandering, John M. Greabe
The Boundaries Of Partisan Gerrymandering, John M. Greabe
Law Faculty Scholarship
[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.
Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.
The problem is that voters from certain racial groups tend to vote overwhelmingly for …
Local Democracy On The Ballot, Joshua A. Douglas
Local Democracy On The Ballot, Joshua A. Douglas
Law Faculty Scholarly Articles
This Essay, focusing particularly on voter-backed local election rules, proceeds in three parts. Part I highlights how local laws play a significant role in dictating voting rights and election rules. Too often election law scholars focus solely on federal or state law. But local laws are also important in defining the right to vote and providing rules for our democracy. New local election law experiments in one place can highlight innovative reforms that other cities and states may eventually adopt. This avenue to election law reform is particularly important given the current political climate.
Part II considers local ballot initiatives …
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the workings of the upcoming Singapore presidential election. He noted that as the next election is a reserved one, all the more voters should specially consider a candidate’s commitment and contributions to multiracialism. On the reserved election mechanism, Associate Prof Tan noted that it helps ensure that the presidency is not only accessible, but is seen to be accessible to all the major racial communities in Singapore.“It functions as an inter-generational safeguard for minority representation, while not going as far as mechanically rotating the presidency among the major races, …
Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv
Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv
Student Scholarship
This Comment uses the dialectical paradigm of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) to analyze the progression of United States voting laws since the colonial foundations of a participatory democratic process in this country. This analysis can be used to interpret past progression of voting rights in the United States as well as a provoking way to predict future trends in United States voting rights - as an ongoing "progressive" political process or rhetorical method of erasing categories or classifications and eliminating distinctions amongst persons.
Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley
Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley
Scholarly Publications
No abstract provided.
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.
Aviram V. Minister Of Justice, Neal Hendel, Isaac Amit, Uzi Vogelman
Aviram V. Minister Of Justice, Neal Hendel, Isaac Amit, Uzi Vogelman
Translated Opinions
A petition concerning whether the Knesset is required to ensure that a member of the opposition serves on the Judicial Selection Committee (hereinafter: the Committee) at all times. Background: The two Members of Knesset sitting on the Committee are elected by the Knesset by secret ballot. Since 1990, the Knesset has elected at least one Committee member from the ranks of the opposition. This was also the case in the last elections, with the election of MK Ilatov to the Committee. MK Ilatov was a meber of Yisrael Beitenu, which then sat in the opposition. Shortly thereafter, Yisrael Beitenu joined …
Domicile, Student Voters And The Constitution, John M. Greabe
Domicile, Student Voters And The Constitution, John M. Greabe
Law Faculty Scholarship
[Excerpt] "The wisdom of using the Electoral College to choose our president is a hot topic. For the second time in 16 years (and the fifth time in our history), the "winner" of the national popular vote lost the presidential election in the Electoral College. To many, this "undemocratic" outcome seems wrong."
Odni Statement On Declassified Intelligence Community Assessment Of Russian Activities And Intentions In Recent U.S. Elections, United States Senate
Odni Statement On Declassified Intelligence Community Assessment Of Russian Activities And Intentions In Recent U.S. Elections, United States Senate
United States Senate Documents
ODNI Statement on Declassified Intelligence Community Assessment of Russian Activities and Intentions in Recent U.S. Elections, January 6, 2017
On December 9, 2016, President Barack Obama directed the Intelligence Community to conduct a full review and produce a comprehensive intelligence report assessing Russian activities and intentions in recent U.S. elections. We have completed this report and briefed President Obama as well as President-elect Trump and Congressional leadership. We declassified a version of this report for the public, consistent with our commitment to transparency while still protecting classified sources and methods. The Intelligence Community did not make an assessment of the …
Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd
Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd
Faculty Articles
In Part I, we introduce our earlier work on election cases and judicial partisanship before setting forth our new approach to studying the influence of law on judicial decisionmaking. We describe the special nature of the election cases in our database that allow more persuasive inferences of judicial partisanship than typically derived in empirical work on judicial behavior. We then explain our new approach for measuring case strength based on counterpartisan decisionmaking by judges. In Part II, we apply our approach to case strength to our dataset and present our results. In a nutshell, partisanship appears to matter as expected …
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Faculty Articles and Papers
No abstract provided.
2016 Legislative Summary, Assembly Committee On Elections And Redistricting
2016 Legislative Summary, Assembly Committee On Elections And Redistricting
California Agencies
No abstract provided.
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo
Law Student Publications
In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where …
Judging Congressional Elections, Lisa Marshall Manheim
Judging Congressional Elections, Lisa Marshall Manheim
Articles
This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.
State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …
Electoral Evidence, Peter Nicolas
Electoral Evidence, Peter Nicolas
Articles
Each year, millions of Americans cast votes for specific candidates or on specific ballot measures. Each such vote generates potential "electoral evidence," the admissibility of which may be the subject of dispute in subsequent litigation. The evidence may take various forms, including the marked ballot itself, a voter's testimony regarding her vote, or her written or oral statements regarding her vote.
Electoral evidence is most commonly offered in litigation over the election outcome itself, with the parties seeking to determine how certain individuals voted to resolve a close election. However, its potential relevance is not limited to such proceedings. It …
Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao
Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao
Faculty Scholarship
According to Albert 0. Hirschman's famous dichotomy, citizens can express their preferences with their "voice" (by voting with ballots to elect better representatives) or by "exit" (by voting with their feet to choose better places to live). Suppose, however, that ballot-voting is ineffective: Can exit not merely aid but also replace voice? Using the People's Republic of China, a party state without elective democracy as a case study, we argue that exit is not a substitute for, but rather a complement to, voice. China's bureaucratic promotion system plays the same role that local elections do in the United States, promoting …
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to assess whether certain methods of selection have resulted in judiciaries that skew to the left or right compared with the public at large in those states. In particular, I examine the ideological preferences of state appellate judges in all 50 states over a 20-year period (1990-2010) as measured by their relative affiliation with the Republican or Democratic Party through campaign contributions, voter …
Voting Realism, Gilda R. Daniels
Voting Realism, Gilda R. Daniels
All Faculty Scholarship
Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.
Transforming Election Cybersecurity, David P. Fidler
Transforming Election Cybersecurity, David P. Fidler
Articles by Maurer Faculty
No abstract provided.