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Articles 1 - 30 of 72
Full-Text Articles in Law
Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas
Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane
Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane
William & Mary Bill of Rights Journal
The 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes probably changed the election outcome. Intensive technical studies based on examining software and hardware from the iVotronic touchscreen voting machines used to conduct the election failed to find mechanical flaws sufficient to explain the undervotes. Studies that examined the ballots used in Sarasota and in some other counties concluded the high undervote rate was caused by peculiar features of the ballot's format …
The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch
The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch
William & Mary Bill of Rights Journal
No abstract provided.
Early Voting Reforms And American Elections, Paul Gronke
Early Voting Reforms And American Elections, Paul Gronke
William & Mary Bill of Rights Journal
No abstract provided.
Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand
Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand
William & Mary Bill of Rights Journal
No abstract provided.
Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh
Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh
BYU Law Review
No abstract provided.
Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach
Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach
William & Mary Bill of Rights Journal
Any voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is that it is very difficult to make apples-to-apples comparisons. This paper considers the use of a standard technique used in the analysis of algorithms, namely complexity analysis with its "big-O" notation, which can provide a high-level abstraction that allows for direct comparisons across voting systems. We avoid the need for making unreliable estimates of the probability a system might be hacked or of the cost of bribing …
Voter Registration And Election Reform, Daniel P. Tokaji
Voter Registration And Election Reform, Daniel P. Tokaji
William & Mary Bill of Rights Journal
No abstract provided.
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Reconsidering Virginia Judicial Selection, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
All Faculty Scholarship
In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.
Election Apparel And The Fashion Police, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Popular Media
No abstract provided.
Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert
Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert
Law Faculty Reports and Comments
This paper seeks to assist election officials and their lawyers in effectively handling the technical issues that can be difficult to understand and analyze, allowing them to protect themselves and the public interest from unfair accusations, inaccuracies in results, and conspiracy theories. The paper helps to empower officials to recognize which types of voting system events and indicators need a more structured analysis and what steps to take to set up the evaluations (or forensic assessments) using computer experts.
Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler
Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler
UF Law Faculty Publications
In Florida, direct democracy at the state level consists entirely of the initiative method of amending the State constitution. This constitutional provision was partly a response to the State’s history of obstacles to affording equitable legislative representation to all its citizens, a struggle with roots dating back to the Reconstruction era. The State constitution, governing statutes and regulations, and the Division of Elections Web site serve as the primary sources of information and guidance for those interested in the process of amending the State constitution by citizen-sponsored initiative.
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels
All Faculty Scholarship
In 2000, we witnessed faulty voting machines with hanging chads and dimpled ballots. We also experienced error-filled purges and voter intimidation in minority neighborhoods. Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, voting irregularities and election protection and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act and the National Voter Registration Act, (NVRA), problems persist in the operation of our …
Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay
Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay
Buffalo Public Interest Law Journal
No abstract provided.
Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels
All Faculty Scholarship
Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, "voting irregularities" and "election protection" and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act, and the National Voter Registration Act, (NVRA), problems persist in the operation of our participatory democracy.
What we have witnessed since 2000, particularly during the 2004 election, gave us some reason to hope but also reason for concern. …
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
University of Arkansas at Little Rock Law Review
No abstract provided.
Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen
Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen
University of Arkansas at Little Rock Law Review
No abstract provided.
The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller
The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller
Montana Law Review
Electronic Voting
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth
University of Arkansas at Little Rock Law Review
No abstract provided.
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
University of Richmond Law Review
No abstract provided.
Voting Rights Rollback: The Effect Of Buckhannon On The Private Enforcement Of Voting Rights, Brian J. Sutherland
Voting Rights Rollback: The Effect Of Buckhannon On The Private Enforcement Of Voting Rights, Brian J. Sutherland
North Carolina Central Law Review
No abstract provided.
Granting Permanent Resident Aliens The Right To Vote In Local Government: The New Komeitō Continues To Promote Alien Suffrage In Japan, Miles E. Hawks
Granting Permanent Resident Aliens The Right To Vote In Local Government: The New Komeitō Continues To Promote Alien Suffrage In Japan, Miles E. Hawks
Washington International Law Journal
Throughout the world, the dominant suffrage model has been voting rights based on citizenship. However, the trend of globalization, the increase of cross-border migration, and the advent of supranational institutions such as the European Union have prompted many countries to reconsider the relationship between nationality and voting rights. This has resulted in a growing trend, beginning in Europe and spreading most recently to South Korea, of adopting a notion of suffrage based on residency and community rather than citizenship. Japan is currently considering legislation, known as the “Local Suffrage Bill,” which would allow permanent resident aliens (“PRAs”) to vote in …
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
All Faculty Scholarship
This article discusses the early history of Maryland in the context of religious discrimination, specifically in reference to discrimination against those of the Jewish faith, even though the state "was founded as a haven of religious liberty and beacon of toleration." It also highlights a member of the Maryland House of Delegates, Thomas Kennedy, a Christian, as being the leader of the movement to ultimately correct this injustice. Part of the problem were clauses in the state's constitution requiring officeholders to be Christians. Kennedy lost his seat in the House, but didn't give up the battle. Ha had tried several …
Silent Victims No More?: Moral Indignation And The Potential For Latino Political Mobilization In Defense Of Immigrants, Raquel Aldana
Silent Victims No More?: Moral Indignation And The Potential For Latino Political Mobilization In Defense Of Immigrants, Raquel Aldana
McGeorge School of Law Scholarly Articles
No abstract provided.
The Justiciability Of Eligibility: May Courts Decide Who Can Be President?, Daniel P. Tokaji
The Justiciability Of Eligibility: May Courts Decide Who Can Be President?, Daniel P. Tokaji
Michigan Law Review First Impressions
The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause. These cases unquestionably present vital questions of constitutional law, touching on matters of self-evident national importance. It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date.
Mccain’S Citizenship And Constitutional Method, Peter J. Spiro
Mccain’S Citizenship And Constitutional Method, Peter J. Spiro
Michigan Law Review First Impressions
Many things may obstruct John McCain’s path to the White House, but his citizenship status is not among them. The question of his eligibility, given the circumstances of his birth, has already been resolved. That outcome has been produced by actors outside the courts. . . . If non-judicial actors—including Congress, editorialists, leading members of the bar, and the People themselves—manage to generate a constitutional consensus, there isn’t much that the courts can do about it. In cases such as this one, at least, that seems to be an acceptable method of constitutional determination.
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Michigan Law Review First Impressions
The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.