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Articles 1 - 9 of 9
Full-Text Articles in Law
Citizen Enforcement Laws Threaten Democracy, David A. Carrillo, Stephen M. Duvernay
Citizen Enforcement Laws Threaten Democracy, David A. Carrillo, Stephen M. Duvernay
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Counterfeit Campaign Speech, Rebecca Green
The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman
The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman
University of Michigan Journal of Law Reform
The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in progressive states …
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
Loyola of Los Angeles Law Review
Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Pepperdine Dispute Resolution Law Journal
The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …
Reforming The Electorial College One State At A Time, Thomas W. Hiltachk
Reforming The Electorial College One State At A Time, Thomas W. Hiltachk
Michigan Law Review First Impressions
The genius of our United States Constitution is the delicate balance our Founding Fathers struck between empowering a national government and preserving the inherent sovereignty of individual states. Any proposed governmental reform that would interfere with that balance should be looked upon skeptically. Recent proposals to do away with the Electoral College in favor of a national popular vote for President deserve such careful examination. But that does not mean that reform is out of reach. We have only to look to the Constitution itself to find that the answer lies in the self-interest of each state. I am an …
Awarding Presidential Electors By Congressional District: Wrong For California, Wrong For The Nation, Sam Hirsch
Awarding Presidential Electors By Congressional District: Wrong For California, Wrong For The Nation, Sam Hirsch
Michigan Law Review First Impressions
The unfairness of the proposed California Presidential Election Reform Act is obvious: in a close election, the Act virtually assures that California’s fifty-five electoral votes, which would be expected to go entirely to the Democratic presidential candidate under the traditional statewide-winner-takeall system, will instead be split, with more than a third of them going to the Republican candidate. Implementing this “reform” in the nation’s largest Democratic state, but not in any of the large Republican states (like Texas), is roughly the equivalent of handing over to the Republicans the state of Illinois. What is less obvious is that the Act …
Democratic Principle And Electoral College Reform, Ethan J. Leib, Eli J. Mark
Democratic Principle And Electoral College Reform, Ethan J. Leib, Eli J. Mark
Michigan Law Review First Impressions
The Electoral College is a relic from another time and is in tension with the modern constitutional command of “one person, one vote.” But the Electoral College is, nevertheless, ensconced in our Constitution—and, as a result, we would need to amend the document to alter or abolish it from our political fabric. Still, some states are toying with state-based Electoral College reforms. Thus, irrespective of whether voters in those states favor the abolition of the Electoral College through a federal constitutional amendment, they must critically examine the democratic merits of these statebased reform options. Categorically rejecting all state-based reform is …
State And Local Limitations On Ballot Measure Contributions, Michigan Law Review
State And Local Limitations On Ballot Measure Contributions, Michigan Law Review
Michigan Law Review
This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.